Never forget those who have died because of various sex offender laws.
Showing posts with label 2017. Show all posts
Showing posts with label 2017. Show all posts

August 20, 2017

Inside the minds of women who have sex with boys

8-20-17 National:

Laura Lynn Cross, 36, charged with sexual battery in Ohio after giving birth to her former student’s child, joins the growing number of women accused or convicted of having sex with adolescents. About two weeks ago, a Georgia woman, Angelene McAnulty, 25, was charged with having sex with a 15-year-old boy. Last week, Lee Annette Williams, 50, of North Carolina, was charged with statutory rape of a former student when the now-22-year-old man was 14.

What is going on in the minds of these women?

First, there is the obvious: In order for an adult to manipulate an adolescent to have sex, that adult has to have little regard for free will. The adolescent in such a scenario — relatively new to sexual encounters and potentially worried about the consequences of saying no — would be ill-equipped to refuse the advances of his teacher.

What sort of women have so little regard for the autonomy of others? Generally, they are women whose own boundaries were shattered in childhood or adolescence. It is cliché, but also true, that sexual offenders were most often victims themselves (whether of sexual misconduct or physical violence or significant emotional violence).

As I have said before, there’s no original evil left in the world; everyone is just recycling pain now. ..Continued..

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August 1, 2017

Family announces federal lawsuit 2 years after Orange County inmate's death

8-1-17 Florida:

ORANGE COUNTY, Fla. - The family of a man who died while an inmate at the Orange County Jail announced Monday that they were in the process of filing a federal lawsuit against the county, almost two years after Max Gracia II's death.

The family told Channel 9 that they worked to negotiate with the county, but said they didn't see enough change in policy that would keep the same type of death from happening in the future.

Gracia died four days after he was bitten by a police dog and taken to jail in August 2015.

About three months later, his death was ruled a homicide, which raised concerns about his treatment.

In December 2015, a report claimed Gracia was so sick that other inmates had to drag him on the floor to move him from cell to cell.

"If he did anything wrong, then that was between him and the court system. But he didn't get that opportunity," the victim’s mother, Willine Gracia, said in early 2016.

While announcing the lawsuit Monday, Willine Gracia said the court action was about making a change, not about making a dollar.

"It's not about the money," she said. "It's not.

"You can't treat a human being that way. It doesn't matter about color, race, none of that matters. My son screamed and laid there in agony and pain. Dying. My God." ..Continued..

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July 20, 2017

Advocates say psych hospital newsletters being blocked

7-19-17 New York:

Marked "Return to Sender"

In what advocates characterize as a communications lockdown, newsletters going to sex offenders who are confined in a state-run hospital have been sent back to their publisher unopened with a “Return to Sender” notice.

“A disturbing trend is developing on civil facilities not allowing our newsletter,’’ said Wayne Bowers, who puts out the quarterly CURE-SORT News, which compiles stories about the latest treatment options as well as legal developments pertaining to convicted sex offenders who have completed their prison terms but remain indefinitely locked up in psychiatric hospitals under civil commitment laws.

CURE-SORT are acronyms for prison reform groups behind the newsletters: Citizens United for the Rehabilitation of Errants and Sex Offenders Restored Through Treatment.

State officials say that the newsletters are normally delivered to hospital residents as long as their names are on the envelope. ..Source..

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Big win for sex offenders in PA as registration held punishment

See also: Court: Retroactive sex offender registration rules unconstitutional
7-19-17 Pennsylvania:

Yesterday, in Commonwealth v. Muniz, __A.3d__ (Pa., July 19, 2017) (47 MAP 2016), the Pennsylvania Supreme Court held what for a long time has been obvious to many: that sex offender registration is punishment. Five Justices declared that Pennsylvania’s Sex Offender Registration and Notification Act’s (SORNA) “registration provisions constitute punishment under Article 1, Section 17 of the Pennsylvania Constitution — Pennsylvania’s Ex Post Facto Clause. The majority of the Court held in no uncertain terms: ..Continued..

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July 4, 2017

Houston federal judge revokes sex offender's naturalized citizenship

7-4-17 National:

A federal judge this week approved an order revoking the naturalized citizenship of a Harris County man convicted of a sex offense more than 20 years earlier, one of a growing number of immigrants stripped of citizenship in a push that began in the final years of the Obama administration.

Jose Arizmendi, a native of Mexico, failed to disclose his 1996 conviction when he applied for citizenship, according to federal prosecutors.

"The Justice Department is committed to preserving the integrity of our nation's immigration system," Acting Assistant Attorney General Chad A. Readler said in a statement.

"We will aggressively pursue denaturalization in cases where individuals lie on their naturalization applications, especially in a circumstance like this one, which involved a child sex abuser. Civil denaturalization cases are an important law enforcement tool for protecting the public, including our children."

The 54-year-old Arizmendi pleaded guilty in Harris County to aggravated sexual assault of a child in April 1996, accepting 10 years of probation as part of a deferred adjudication agreement. ..Continued..

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June 23, 2017

Babysitters Accused of Satanic Crimes Exonerated After 25 Years

6-23-17 Texas:

On June 20th, a couple who served 21 years in prison for the Satanic ritual abuse of children was formally exonerated by the district attorney in Austin, Texas, who said there is “no credible evidence” against them.

The decision brings an end to one of the more prominent cases brought during the so-called Satanic Panic of the 1980s and the early 1990s, where fears of devil-worshippers influencing American children spread rapidly. During this time, hundreds of childcare providers were accused of unspeakable crimes, and many would spend years behind bars for crimes they didn’t commit.

Fran and Dan Keller were convicted in 1992 of sexually abusing a three-year-old girl at their home daycare facility on the outskirts of Austin, Texas. After the girl’s initial reports of abuse (she said Dan spanked her, according to the Intercept, but later alleged rape under further questioning), the local community grew panicked. The charges leveled against the Kellers soon included supposedly Satanic rituals like baby sacrifice, the amputation of a zoo gorilla’s arm, secret graveyard ceremonies, and transportation of children to Mexico to be assaulted by members of the military. Following a trial, the Kellers were each sentenced to 48 years in prison.

The Kellers were finally released in 2013 after multiple appeals, when the doctor who had provided the only physical evidence of the alleged assault recanted his testimony. This week, Travis County District Attorney Margaret Moore exonerated the couple, bringing an end to the Kellers’ 25-year-long struggle to clear their names. ..Continued.. by Sarah Pruitt

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June 20, 2017

Sexting scam extorts male Iowa victims

6-20-17 Iowa:

Men in central Iowa and beyond have become the latest victims in a sexting extortion scam, according to the Iowa Department of Public Safety.

The scam starts by an alleged woman contacting a man through an online dating app or website. Within days, the woman says they should start texting. The texting then turns sexual and includes the exchange of nude photos and plans to meet in the future, according to IDPS.

After the male victim receives the photo of the woman, he is then called by a person claiming to be a part of Iowa's Internet Crimes Against Children Task Force. The scammer tells him the woman is underage and there is now child pornography on his phone.

The scammer says child pornography is also on the woman's father's phone because she was using it communicate with the male victim.

The scammer then tells the victims he will need to replace the father's phone or face legal action. Later in the day, the victim receives a phone call from another scammer who claims to be the father. The father tells the victim to wire several hundred dollars to him to pay for the new phone.

Local law enforcement have received several reports of this scam in the metro, according to IDPS.

An investigation revealed the suspects use phones with out-of-state area codes. The fake law enforcement officer also has a professional voicemail that identifies him as an employee with the Iowa Department of Criminal Investigation.

Victims are encouraged to call their local law enforcement agency and make a report. ..Source..

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June 19, 2017

SCOTUS Rules NC Statute Restricting Internet for Sex Offenders Violates First Amendment

6-19-17 North Carolina:

In the United States Supreme Court unanimous decision in Packingham v. North Carolina, the Court found that the state statute, NCGS § 14-202.5, making it a felony for registered sex offenders to access commercial social networking sites, violated the First Amendment. This outcome was predictable given the then-eight Justices' skepticism during the oral arguments in February. Recall that Packingham was convicted of the North Carolina felony for his Facebook page on which he wrote " Thank you Jesus. God is good" regarding a result on his parking ticket.

The Court's majority opinion by Justice Kennedy, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, is a mere 10 pages. The Court not only stresses the breadth of the North Carolina statute, but highlights the role of the Internet in "our modern society and culture" as vital to the First Amendment: ..Continued..

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June 18, 2017

Inmates fly mobile phones, drugs and porn into jail - via drone

6-18-17 National:

While large companies like Amazon test drone delivery systems, inmates in jails across the country are already using the devices to receive their own aerial shipments: smuggled contraband.

Documents obtained from the Justice Department by USA TODAY through a Freedom of Information Act request uncovered more than a dozen attempts to transport contraband - including mobile phones, drugs and porn - into federal prisons in the past five years. State facilities have also reported similar incidents.

Experts say current anti-drone technologies fail to protect jails against the unmanned aerial devices that transport dangerous items, including firearms, which are almost impossible to sneak in via traditional prison smuggling methods.

"Civilian drones are becoming more inexpensive, easy to operate and powerful. A growing number of criminals seem to be recognizing their potential value as tools for bad deeds," said Troy Rule, a drone legislation advocate and Arizona State University law professor.

While smuggling contraband into prison through any method violates federal law, no statute currently bars drones from flying near correctional facilities. ..Continue..

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June 7, 2017

Dulles CBP Officers Arrest Alleged Florida Child Molester

6-7-17 Maryland:

STERLING, Va., – U.S. Customs and Border Protection (CBP) officers arrested a Maryland man on Florida child molestation charges at Washington Dulles International Airport Monday as the man attempted to board a flight to Dubai, U.A.E.

While conducting outbound enforcement, CBP officers encountered Clement Francis, 37, of Germantown, Md., who is wanted in Santa Rosa County, Fla., on charges of lewd and lascivious acts on a minor.

CBP officers escorted Francis to the International Arrivals Building where officers verified Francis’ identity. Officers verified with Santa Rosa Sheriff’s Department that the warrant remained active and that they desired to extradite Francis. CBP officers arrested Francis and turned him over to Metropolitan Washington Airports Authority Police officers.

“Customs and Border Protection officers sometimes encounter travelers with outstanding arrest warrants and we work to return them to the jurisdiction of their criminal charges,” said Wayne Biondi, CBP Port Director for the Area Port of Washington Dulles. “This warrant arrest is another example of CBP’s collaboration with our law enforcement partners to protect victims’ rights, return fugitives to justice, and to help keep our communities safe.”

Criminal charges are merely allegations. Defendants are presumed innocent until and unless proven guilty in a court of law.

CBP officers routinely examine passenger manifests on arriving and departing international flights, and identify travelers who may require additional inspectional scrutiny, including those with outstanding arrest warrants. On average, CBP arrests 23 wanted persons every day at air, land and sea ports of entry across the United States. View CBP Snapshot to learn some of what CBP achieves ‘On a Typical Day’ at our nation’s 328 ports of entry.

“Inbound and outbound inspections of international travelers and cargo is one way in which Customs and Border Protection contributes to our nation’s security, and it’s a responsibility that CBP takes very serious,” said Casey Owen Durst, CBP’s Field Operations Director in Baltimore, the agency’s operational commander in the mid-Atlantic region.

Learn how CBP's Office of Field Operations secures our nation’s borders at international Ports of Entry.

Travelers are encouraged to visit CBP’s Travel section to learn more about the CBP admissions process and rules governing travel to and from the U.S. ..Source.. by CBP

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June 6, 2017

A law that turned loving parents into child molester’s ruled unconstitutional by federal judge

5-20-17 Arizona:

Arizona – Flipping the burden of proof from the state to the defendant in criminal prosecutions is the crux of this illegitimate law. In a report by Slate, “Last September, the Arizona Supreme Court issued a stunning decision interpreting the state’s child molestation law to criminalize any contact between an adult and a child’s genitals. In a 3–2 ruling, the court found that the law encompassed entirely innocent conduct, such as changing or bathing a baby. Arizona, the court held, could convict an adult for touching an infant’s genitals—which carries a prison sentence of five years—without proving sexual intent. Instead, under the law, the accused had the burden of proving that (they) had no sexual intent to a jury and by a preponderance of the evidence. As the dissenters noted, the ruling turned ‘parents and other caregivers’ in the state into ‘child molesters or sex abusers under Arizona law.'”

Fortunately for adults who were unjustly branded “molesters” for simply changing diapers or similar, a federal court recently intervened and ruled the Arizona law unconstitutional. In a lengthy ruling, U.S. District Judge Neil V. Wake explained how the law violated the Due Process Clause of the 14th Amendment.

Under current Arizona law, a person is guilty of molestation if they, “intentionally or knowingly … touch[es] … any part of the genitals, anus or female breast” of a child “under fifteen years of age.”

The glaring problem is the law doesn’t state touching must be for sexual gratification – basically labeling anyone who changes a diaper as… you got it – a child molester. Furthermore, it switches the burden of proof to the defendant – requiring they prove the touching was not sexual in nature.

Judge Wake’s ruling overturned the criminal conviction of Stephen May, a swimming instructor who was found guilty of inappropriately touching four children. A jury found May guilty of touching the children, but not sexually, since the law didn’t require that finding. May was sentenced to 75 years in prison. May isn’t the only Arizonan to unjustly suffer under the law; Judge Wake noted the state has prosecuted plenty of parents, and successfully convicted some, for what may be totally innocent behavior. Those persons will likely ask a federal court to vacate their sentence. ..Continued..

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June 4, 2017

Supreme Court asked to review McLean County sex offender issue

6-4-17 Illinois:

WASHINGTON, D.C. — The U.S. Supreme Court has been asked to review a case against a Normal man to determine the constitutionality of Illinois' rules mandating that sex offenders report all their internet activity to authorities.

In a petition filed with the nation's highest court, lawyers for Mark Minnis, 24, are asking for a review of whether offenders' First Amendment rights are violated by a requirement that they report all internet activity to police who then disclose that information to the public.

Minnis was 16 when he was deemed a delinquent juvenile in 2010 for having sex with a 14-year-old girl. He was required to register as a sex offender for 10 years for criminal sexual abuse, a misdemeanor offense.

In August 2014, Minnis was charged with failure to register as a sex offender, a felony, after he failed to include a previously disclosed Facebook account on a registration form.

McLean County Judge Robert Freitag dismissed the charges on the grounds that the law is unconstitutional based on the breadth of information an offender is required to report.

The Illinois State Supreme Court reversed Freitag's ruling in a 2016 decision that recognized that the right to "publish and distribute writings while remaining anonymous" extends to internet speech but, the court ruled, that right is "not absolute."

Minnis' case is on hold in McLean County until a decision by the high court is made about whether to review the case.

In their petition, filed in February, Minnis' lawyers with the State Appellate Defender's Office note "the issues in this case have been percolating through state and federal courts for years now as variations of this scheme have proliferated across the states, part of a flood of ever-more draconian restrictions on sex offenders."

The Illinois Supreme Court decision is contrary to rulings in similar cases in other states, claim Minnis' attorneys. "Illinois is now a national outlier on this issue," said the court filing.

Defense lawyers also criticize Illinois' handling of youth sex offenders, citing research included in a state Juvenile Justice Commission report that juvenile sex offenders are "highly amendable to treatment and highly unlikely to sexually reoffend."

It opposing the review, the Illinois Attorney General's office argues that public availability of sex offenders' internet identities "allows the public to recognize sex offenders when they encounter them online, just as the public availability of sex offenders' current photographs allows the public to recognize sex offenders when they encounter them face-to-face."

People vs. Minnis is not an appropriate case for the First Amendment challenge, the state argues, because the information released on juvenile offenders is far less than what is available for adult offenders.

The Supreme Court heard arguments earlier this year in a North Carolina case involving a sex offender charged with violating the state's ban on internet access. A decision in that case, along with a potential ruling in the Minnis matter, could change sex offender rules across the nation. ..Source.. by Edith Brady-Lunny

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May 28, 2017

From porn to contact: does viewing child porn lead to assault?

5-28-17 National:

Research on whether viewing child pornography leads to sexually abusing children is limited, but several studies and many law enforcement officers and prosecutors support the idea that there is a high correlation.

Consider:

Forty percent of more than 1,700 child pornographers were “dual offenders,” meaning they both possessed child pornography and sexually abused children, according to the National Juvenile Online Victimization Study in 2005. An additional 15 percent attempted a sex crime against a child.

Eighty percent of those who purchase child pornography have sexually molested children, according to the U.S. Postal Service.

Seventy-six percent of offenders convicted of internet crimes admitted to contact sex crimes, with an average of 31 victims each, according to a 2000 study by the Federal Bureau of Prisons. ..Continued..

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Editorial: Polygraphs play too prominently in sex offender treatment

5-28-17 Colorado:

The Denver Post Editorial Board

The 25 members of the Colorado Sex Offender Management Board need to overhaul their system for assessing the risk of and providing treatment for the state’s many incarcerated sex offenders.

Never has that been more clear than after reading how dependent the assessment and treatment system is on the use of lie detector tests, known as polygraphs.

The Denver Post’s Christopher N. Osher reported that Colorado has spent $5 million over seven years on polygraph tests for convicted sex offenders, used as a key part of determining whether these criminals should be eligible for release, and if so what supervision should look like. Often sex offenders are required to take multiple tests over the same subjects if they fail or have inconclusive results, with both the state and the criminals picking up the tab, and they regularly get tested as part of parole.

We’re inclined to agree with Sen. Jerry Sonnenberg, R-Sterling, that “it borders on a scam.”

We are glad to hear that over the years the role passing a polygraph plays in determining the future of a convicted sex offender has somewhat diminished. Passing a polygraph is no longer required for consideration of release, but a failed polygraph can still be a huge hurdle for an inmate to overcome and it requires repeated testing often at huge expense to the state or the felon. Officials are treating the imprecise tests like drug tests, which can also get false positives but are at least scientific enough to be admissible in court.

The Sex Offender Management Board needs a complete overhaul. We called for lawmakers to revisit sex offender sentencing and treatment laws in January after Osher reported the state was spending $44 million to hold 1,300 prisoners beyond their parole eligibility dates because they hadn’t received the requisite treatment. ..Continued..

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Jacob Wetterling Resource Center: We Spend Too Much Money Watching Sex Offenders

5-28-17 National:

Thursday (5-25) was National Missing Children's Day, a day meant to highlight the problem of child abduction.

And while there have been advancements in laws and technology to keep children safe and help families, an organization known for protecting kids thinks says we spend too much money in at least one area.

"There is huge hysteria around released sex offenders when they are not usually the problem," said Alison Feigh, the program director at the Jacob Wetterling Resource Center

Feigh said children are harmed most often by people they know, trust and have access to - not convicted sex offenders.

According to the Department of Corrections, 5.3 percent of level-three sex offenders re-offend. Ninety percent of convicted sex offenders are first-time offenders.

"And if we can support them in their ability to not hurt kids, we're all going to be better off” Feigh said. “As opposed to turning up the heat when they move in and creating this cauldron of fear."

Feigh thinks people get emotional about sex offenders.

"And I get why people jump to that idea of 'Not in my backyard,' because no one wants to think about it," she said. "But our kids aren't better off when we do that."

She believes society is stuck on the idea that when a sex offender is released from jail and we know where they are, our kids must be safe.

But she said there are sex offenders in every community and we don't know where they are. So we need to focus on prevention.

"We need to use our resources differently," she said. "And it shouldn't be all-in on using resources to watch sex offenders."

The problem, according to Feigh, is prevention efforts don't get a lot of money.

"We have so few resources in prevention; we want to use our resources on things that work," she said

The Jacob Wetterling Resource Center trains law enforcement, parents and medical and education professionals how to spot suspicious behavior, and when to intervene to protect kids.

"It's a complicated issue" Feigh said. "I'm never going to go up in front of people and guarantee someone's not going to re-offend. But how can we increase everybody's chances and get on board in prevention in a way that best serves kids?" ..Continued..

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6 sex offenders sue City of Milwaukee over 2,000-foot sex offender residency ordinance

An "Ordinance" is a local law enacted by local Officials, and must be followed -in the area Officials cover-. State laws cover the whole state while ordinances only cover specific areas. (State laws are enacted by state officials while "Ordinances" are enacted by local officials)
5-28-17 Wisconsin:

MILWAUKEE — The City of Milwaukee is the focus of a federal lawsuit, with six sex offenders suing the city.

They’re suing over the 2,000-foot buffer zone around schools, parks, playgrounds, day cares and other places children can be found.

Milwaukee’s sex offender ordinance says they cannot live in those areas.
For a year, FOX6 News has been spotlighting concerns about the 2,000-foot ban. There are only a few dozen addresses in Milwaukee where sex offenders can live, and most of them are single-family homes that aren’t for sale or rent.

The lawsuit says the ordinance amounts to banishment, which is against the constitution. It claims some of the offenders are homeless as a result, and others are being forced to live in compromised situations.

The attorneys who filed the lawsuit are the same ones who just won a similar federal lawsuit against the Village of Pleasant Prairie. ..Continued.....

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May 23, 2017

The Adam Walsh Reauthorization Act of 2017 Passes in the House of Representatives

Here we go again, claiming the 100,000 number which has noT yet been proven for all the years Lawmakers claim it! Folks its time to make Lawmakers prove their claims! Call yours and ask for PROOF!
5-23-17 Washington DC:

WASHINGTON, D.C. – Today, the Adam Walsh Reauthorization Act of 2017, which would allow the protections of the Adam Walsh Protection and Safety Act to continue saving the lives of children throughout the nation, passed in the House of Representatives with broad bipartisan support.

Introduced by Congressman Jim Sensenbrenner (R-Wis.), the Adam Walsh Child Protection and Safety Act became law in 2006 and has played a vital role in the prevention of sexual exploitation of America’s children. The comprehensive, bipartisan law strengthened sex offender registry requirements and enforcement across the country, as well as extended registry requirements to Native American tribes, increased penalties for child predators, and authorized funding for various programs to strengthen our defenses against child exploitation.
INTERESTING: 33 States do not even believe this nonsense! This legislation is critical because despite ongoing prevention efforts, the fight against child exploitation is not over. The Justice Department reports that only 17 states, three territories, and 36 Native American tribes have substantially implemented the Sex Offender Management Assistance Program and the Sex Offender Registration and Notification Act (SORNA).
Additionally, there are also an estimated 100,000 fugitive sex offenders across the country who are unregistered or in violation of registry requirements. ..Continued..

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May 20, 2017

ICE Forced to Release 600 Sex Offenders in One Year

5-20-17 National:

Criminal illegal aliens set loose after nations of origin refuse to take them back

ICE was forced to release nearly 600 illegal aliens convicted of sex crimes in the fiscal year 2015, first reported by the Washington Examiner on Friday.

A total of 564 illegal alien sex criminals were released for various reasons, including the refusal of their home countries to take them back.

The revelation comes from documents obtained under a Freedom of Information Act request made by the Immigration Reform Law Institute. While the individual criminals and their crimes are not detailed in the report, it does sort the illegal aliens’ crimes into general categories.

The report states that 194 of the criminal illegal aliens were convicted of “sexual assault,” 95 were convicted of a “commercialized sexual offense,” and 275 were convicted of “other sexual offenses.”

Over 150 of the criminal illegal aliens were released because their home countries would not take them back. Twelve of the illegal alien sex criminals were released due to “prosecutorial discretion,” and a further 218 were given bond by an immigration judge.

“Releasing convicted criminal aliens back onto the streets because their government refuses to allow them to return home is simply inexcusable,” Dave Ray, communications director of the Federation for American Immigration Reform, told LifeZette. ..Continued.. by Edmund Kozak

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Arizona prison officials cannot read inmates' legal mail: appeals court

5-20-17 Arizona:

A federal appeals court on Thursday declared unconstitutional Arizona's policy of letting state prison officials read inmates' outgoing mail to their lawyers.

Reversing a lower court ruling, the 9th U.S. Circuit Court of Appeals said Arizona's authorization of a page-by-page review of death row inmate Scott Nordstrom's legal mail violated his Sixth Amendment right to correspond confidentially with his lawyer, and his First Amendment right to free speech.

The office of Arizona Attorney General Mark Brnovich, which represented the Arizona Department of Corrections, did not immediately respond to requests for comment. A lawyer for Nordstrom did not immediately respond to similar requests.

Nordstrom sued after a prison officer allegedly rebuffed his request to stop reading a letter addressed to his lawyer. The official allegedly said he was authorized to scan the content and told Nordstrom, "Don't tell me how to do my job."

Writing for a 3-0 appeals court panel, Circuit Judge Milan Smith said Arizona had a legitimate interest in prison security, and that prison officials could inspect outgoing mail for "suspicious features" such as escape maps or contraband.

But he said it was "unduly intrusive" for officials to read outgoing legal mail addressed to licensed lawyers, because there was no evidence of a threat.

"The ends do not justify the means," Smith wrote. "Confidential legal correspondence, free from unreasonable censorship and the chilling effect of excessive monitoring, remains an important avenue of communication for inmates."

The appeals court returned Nordstrom's case to U.S. District Judge David Campbell in Phoenix "to craft a decree based on the evidence of actual risks in Arizona state prisons."

The case is Nordstrom v Ryan et al, 9th U.S. Circuit Court of Appeals, No. 16-15277. ..Source..

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May 17, 2017

Hundreds of Missouri sex offenders now required to wear GPS monitoring devices for life

This has got to be unconstitutional, someone has to take this to court! ACLU where are you?
5-17-17 Missouri:

ST. LOUIS • A sex offender from St. Charles County thought he had moved on with his life after successfully completing five years of probation for sending webcam photographs of his genitals to an undercover police officer posing as a 13-year-old girl.

Now he’s among hundreds of people in Missouri who are learning they must attach GPS monitoring systems to their ankles for life, even though such a requirement wasn’t part of their sentencing agreement.

The devices send out alerts if an offender lingers near a school or a park. Cut the wide black strap and the waterproof device will tell on them.

It beeps to prompt a verbal command from state officials, say to make a payment or report to probation officers immediately.

The retroactive requirements are part of a revised state criminal code that went into effect Jan. 1. Offenders either found guilty or who pleaded guilty to 13 various sex crimes in question based on an act committed on or after Aug. 28, 2006, are subject to the added security measures. Previously, the monitoring technology was used for a more limited class of high-risk offenders.

The St. Charles man is among several sex offenders who are suing and challenging the state. In the lawsuit, in which he is named only as D.G., the 40-year-old argues that the law didn’t exist when he pleaded guilty. He claims he’s no longer “legally subject” to the jurisdiction of state prison authorities.

He argues that he shouldn’t be required to pay monthly supervision fees for decades, nor have travel or residency restricted for life.

“I don’t think a lawyer can make a straight-faced argument that it’s constitutional,” said Clayton-based attorney Matt Fry, who is suing the state on behalf of D.G. and has many other plaintiffs in the wings.

A March 29 “Dear Sir/Madam” letter from chief state supervisor Julie Kempker lays out the law, including threat of a class D felony if conditions are violated.

“We understand that this change may be unexpected,” Kempker said in the letter. “Rather than being detracted by the lifetime supervision requirements, you are encouraged to remain focused on your daily supervision responsibilities and to do those things that improve your life and positively impact your family and the community in which you live.”

Many sex offenders panicked and started calling lawyers. Some are confused: for instance, those no longer on supervision who moved away from Missouri. ..Continued.. by Jessee Bogan

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