10-10-17 Florida:
Maybe we should call it a war between sex offender advocates?
Strange lawsuit filed in a local federal court: A Texas-based service that claims to help sexual offenders get off the state registry that limits where they can live and work is suing a Boynton Beach nonprofit that wants to loosen registry rules.
“I haven’t seen the lawsuit yet and I’ve not been served, so I don’t know,” said Gail Colletta, founder of the Florida Action Committee, defendant in the court action filed last week.
FAC was created by Colletta after her son was convicted of online sex crimes, and she wants to reform the state’s sexual offenders laws and registries.
And now, the group is getting sued for defamation by the Houston-based clearmycase.com, a for-profit company that claims it can help de-register Florida’s sex offenders.
In the paperwork, clearmycase.com takes umbrage to allegedly being called “a scam” on the Florida Action Committee’s website.
In February, Florida Action Committee’s website warned: “We have been informed that a company out of Texas called CLEARMYCASE.COM has been soliciting individuals on the Florida [sex offender] Registry claiming they might be able to help them ‘deregister’ and charging a $100 “consultation fee. Please do not fall for this scam.”
“We are not [a scam],” says owner John Bordelon.
The company charges between $4,500 and $9,800 for its services if they are successful in getting a sex offender off the registry, says Bordelon says. ..Continued..
October 10, 2017
Is de-listing sex offenders even possible? Lawsuit claims it is
October 1, 2017
Sex offender sues ECSO over 'defamatory' billboard calling him sexual predator
10-1-17 Florida:
An inmate is suing the Escambia County Sheriff's Office, claiming one of its billboards mislabeled him as a sexual predator, instead of a sex offender.
The lawsuit was initially filed in Escambia County court in September 2016, but a summons was sent to both the ECSO and Sheriff David Morgan on Thursday. The suit also names Escambia County and the city of Pensacola as defendants, and according to court documents, summons were sent to both parties last month.
In his complaint, Kenneth Cobb claims the sexual predator designation, which is a higher level than sex offender, was "false and defamatory." He claims the billboard went up some time in 2014. ..Continued..
September 11, 2017
Hurricane Irma: Florida sheriff who threatened arrests at shelters is sued
9-10-17 Florida:
A man who claims he was denied entry to a shelter unless he underwent a background check is suing Polk County Sheriff Grady Judd, who got national attention after saying on Twitter he would jail anyone with an outstanding warrant who tried to seek shelter from Hurricane Irma.
Judd called the lawsuit “frivolous” and said he would not change his policy.
The sheriff said his stance was to prevent registered sex offenders from entering shelters. But the suit filed by immigrant rights group Nexus Services states Florida driver’s licenses already clearly mark someone as a sex offender. They claim the policy was discriminatory and violates Fourth Amendment rights against unlawful search and seizure.
The suit, which attorney Cynthia Conlin said was electronically filed Sunday but hadn’t yet been processed by the 10th Judicial Circuit Court, claims Andres Borreno of Virginia was told by Polk County deputies he would have to submit to a criminal background check before he was able to enter a shelter Saturday. The suit doesn’t say if Borreno had an outstanding warrant.
“The officer … also never told Borreno that he was suspected of any crime or illegal act at that time,” the suit states. “Criminal suspicion is not raised by trying to enter an emergency shelter to save one’s life and the life of family members.”
Judd said Sunday “They filed that lawsuit for free press and it's obviously frivolous. I have a nationwide profile and they see it as an opportunity for nationwide press.”
Judd said Borreno wasn't treated differently than others seeking shelter. He was offered shelter at the jail and was offered a ride. Judd said he didn't know if Borreno went to the shelter. ..Continued..
May 12, 2017
Florida prisoners with hepatitis are at risk for worse, lawsuit claims
See also: Lawsuit Says State Refuses to Treat Prisoners for Hepatitis C, Letting Some Die5-11-17 Florida:
Thousands of Florida prison inmates who have hepatitis C are not getting adequate medication and treatment — leaving them at risk for liver failure, liver cancer and death, according to a lawsuit filed against the Florida Department of Corrections.
The case, brought on behalf of three state prison inmates who have the disease, alleges that up to 40,000 state inmates could have some form of the disease, which can potentially be spread — not only among the prison population — but to the general public if not treated by the time an inmate is released.
The lawsuit, filed by the Florida Justice Institute, seeks an immediate injunction forcing the state prison system to start treating inmates with the disease by providing medications that have been approved and recommended by the Centers for Disease Control and Prevention and the Federal Drug Administration since 2013.
“The FDC recognizes that hepatitis C is a serious disease that is easy to cure,” said Randall C. Berg Jr., FJI’s executive director. “Yet it routinely fails to provide lifesaving medication to people incarcerated in Florida.”
The Institute maintains that FDC’s treatment rate is among the lowest in the nation, and that as many as 40,000 of the state’s 99,000 inmates could be infected. ..Continued.. by JULIE K. BROWN
March 15, 2017
Florida ex-felons file class action suit over voting laws
3-15-17 Florida:
Seven convicted felons on Monday filed suit [complaint, PDF] alleging Florida's process of restoring voting rights to felons is unconstitutionally arbitrary. The complaint, filed in the US District Court for the Northern District of Florida by the Fair Elections Legal Network [advocacy website] and the Cohen Milstein Sellers & Toll PLLC [firmwebsite] on behalf of the seven plaintiffs, seeks to restore voting rights for ex-felons and eliminate the current process.
Florida, Kentucky, Iowa and Virginia are the only states that require former felons to petition to public officials for the restoration of their voting rights. According the the complaint, there is no timetable required under the current law for a judgment on an ex-felon's petition, and the 10,513 pending applications have created a significant backlog for the review board.
"On September 1, 2016, this figure was 10,588. The backlog has only decreased by 75 pending applications in six months, demonstrating that the current system has both caused Florida's disenfranchised population to grow to 1.68 million and is utterly unsuited to addressing the ever-worsening problem." ..Continue.. by Jurist
January 20, 2017
Alleged victims filed suit after $3M jackpot
1-20-17 Florida:
ORLANDO, Fla. -- (WKMG) -- A convicted sex predator who won a $3 million Florida Lottery jackpot has settled a lawsuit filed by his alleged victims.
The plaintiffs' suit against Timothy Poole, 45, was scheduled to go trial this week in Orange County Circuit Court. However, like many other civil cases, the parties were able to reach an agreement days before jury selection was expected to begin.
The terms of that settlement are confidential and have not been disclosed.
In December 2014, Poole struck it rich playing a Super Millions scratch-off ticket purchased at a Mount Dora 7-Eleven store. Lottery officials said he chose to receive his winnings in a one-time, lump-sum payment of $2,219,807.
A News 6 investigation revealed that Poole is a convicted sexual predator who is required to register his home address with the Florida Department of Law Enforcement.
In 1996, Poole was accused of sexually molesting two boys, ages 5 and 9. He served three years in prison after pleading guilty to the lesser charge of attempted sexual battery.
Poole insists he is innocent, despite entering a plea in the case.
"It may be hard for some to believe, but sometimes people are wrongly accused," Poole told Local 6 in 2014.
Following news of Poole's big lottery jackpot, his alleged victims, now adults, filed a lawsuit seeking unspecified damages.
The plaintiffs claimed Poole, a family friend and babysitter, molested them multiple times in their home, his truck and at his house beginning in 1996.
The alleged victims claim Poole's actions caused "significant physical, mental, emotional and sexual harm," according to their lawsuit.
"There is no price tag for something like that," the plaintiff's attorney, Mark NeJame, said after filing the lawsuit.
"One of the concerns our clients had was that this individual does not use the power of the money he's received to victimize others," attorney Jason Recksiedler told News 6 in 2014.
The attorneys said they were prohibited from disclosing details about the settlement agreement with Poole.
Poole was not at his Mount Dora home when a News 6 reporter stopped by Friday, according to an unidentified person who answered the door. Poole did not respond to an email and phone message seeking comment on the lawsuit settlement.
Less than a month before the civil case was scheduled to go to trial, Poole's attorney filed paperwork with the court requesting to be withdrawn as the lottery winner's lawyer.
"There has come an impasse in the handling of this case," Christopher H. Morrison wrote. "It is not possible for the client and attorney to continue to work cooperatively on the case."
Shortly after winning the multi-million lottery prize, Poole moved into a 20-year-old, $85,000 mobile home located across the street from his previous house, records show.
People close to Poole tell News 6 he used some of his winnings to expand his late mother's taxi cab business.
The plaintiffs' attorneys suggested the alleged victims and their family did not immediately sue Poole since the convicted sex predator did not have many assets prior to his lottery jackpot.
In 2010, Florida lawmakers eliminated the statute of limitations dictating when a juvenile victim of sexual abuse could file a civil lawsuit.
There is now no time limit for legal action to be taken if the victim was age 16 or younger when the sex crime occurred.
"But for that law being passed, my clients would have had no opportunity for recourse," Recksiedler said.
Under state law, sex offenders and predators are allowed to play and win prizes from the Florida Lottery.
After Poole's jackpot, some Florida legislators unsuccessfully attempted to pass a law that would have required any sex offenders' lottery winnings to be placed in an escrow account for a year, giving victims an opportunity to make a claim. ..Source.. by Mike DeForest, WKMG
December 30, 2015
Lawyer challenges Pasco predator ordinance
UPDATE: Pasco asks court to dismiss sex predator’s lawsuit over residency12-30-15 Florida:
LUTZ — Instead of enjoying Christmas surrounded by his family in the Lutz home where he grew up, Earl Reyes Villagomeza passed the holidays alone in a cheap hotel room near the Florida State Fairgrounds.
Some would argue that’s exactly what a convicted child predator deserves — a lonely, isolated existence.
Tampa lawyer Patrick LeDuc, however, contends Villagomeza has paid for his crimes and deserves to go home.
He has filed a lawsuit against Pasco County, asserting the county’s sexual offender and sexual predator ordinance, passed by the county commission in April, is unconstitutional, calling the ordinance “unconstitutionally vague, overbroad and punitive.”
At the Dec. 15 Pasco County Commission meeting, the commission OK’d the county attorney’s request to defend the county against the lawsuit. Assistant County Attorney Kristi Sims will represent Pasco County.
But LeDuc believes the county is poised to spend a large hunk of taxpayer money on a defense it can’t win.
“They aren’t doing their taxpayers any favors. The Pasco County Commission is attempting to violate the constitutional rights of convicted sexual predators by making it impossible for them to live in Pasco County,” he said.
“I get it. Sex offenders are horrid people; the scum of the Earth,” said LeDuc. “But these types of laws really begin to go to a dark place. They’re trying to build a Chinese wall around Pasco County to keep these people out.”
❖ ❖ ❖
Florida’s Sexual Predator Act, passed in 1998, already prohibits convicted sex offenders from living within 1,000 feet of schools, child-care centers, parks, playgrounds and other places where children gather.
But the Pasco County Commission, at the urging of County Commissioner Mike Moore and Sheriff Chris Nocco, unanimously passed its own ordinance, increasing the buffer to 2,500 feet, or about half a mile.
The Pasco ordinance also makes it illegal for registered sex offenders to give out candy on Halloween and establishes safety zones that make it illegal for them to be within 300 feet of school bus stops, public pools, skating rinks, Boys & Girls Clubs and other child-centered facilities.
Nocco said the new rules are needed to protect children against vicious predators.
“We’re not talking about Romeos and Juliets here,” he said. “These crimes are the worst of the worst.”
Hillsborough County sheriff’s deputies arrested Villagomeza, 31, on Sept. 18, 2014, and charged him with three counts of lewd or lascivious molestation of a child age 12 to 15.
“He was accused of inappropriately touching over clothes,” said LeDuc.
His first offense, Villagomeza pleaded guilty to two counts of lewd or lascivious molestation. Instead of receiving jail time, he was sentenced to two years of community control followed by eight years of sex offender probation.
But LeDuc said the punishment being imposed on Villagomeza by Pasco County goes way beyond community control.
“He has to wear a Scarlet A for the rest of his life,” said LeDuc, referring to Nathaniel Hawthorne’s historical novel, “The Scarlet Letter,” in which a woman accused of adultery is forced to wear a scarlet letter A on her dress.
Villagomeza has lived at his parents’ home on Dockside Drive in Lutz since he was 3 years old, said LeDuc. Under the state’s sexual predator law, he still would be allowed to live there.
But Villagomeza is the first registered sex offender to fall under the county’s new residency restrictions. The 907 registered sex offenders living in Pasco prior to enactment of the ordinance are subject to the state’s less-restrictive statute, said LeDuc.
However, he foresees many more civil rights complaints against the county as convicted sex offenders are released from prison and attempt to return to their lives in Pasco County.
“If I were Hillsborough and Pinellas counties, I’d be very concerned,” he said. “This ordinance is going to force registered sex offenders to relocate to surrounding counties that fall under the state’s less-restrictive residency requirements.”
❖ ❖ ❖
In his 43-page complaint against Pasco County filed Oct. 8 in Pinellas-Pasco Circuit Court, LeDuc details how it is impossible for Villagomeza to step foot in Pasco County without violating the county ordinance.
“Pasco includes home-schools. There are 1,200 home schools in Pasco County,” said LeDuc. “Offenders have to be 300 feet from a school bus stop. There are 4,400 bus stops in Pasco County. They have a list of 27 places these offenders aren’t allowed to go, including public and private parks, libraries, zoos, public beaches, game centers, carnivals and businesses where children gather.”
LeDuc said the ordinance doesn’t specify which businesses are off limits, so it is left up to the discretion of law enforcement.
“Target and Wal-Mart stores have toy departments where kids gather,” noted LeDuc. “Are they included? Under these restrictions, the only alternative for a registered predator is to pitch a tent in the Green Swamp.”
LeDuc believes the intent of Pasco’s ordinance is clear.
“They don’t want sex offenders in Pasco County,” he said. “If any county commissioner says otherwise, I’d call him a liar.”
Moore isn’t refuting the intent of the ordinance.
“We want to make it as difficult as possible to return or relocate back to Pasco to commit what, to me, are pretty sick crimes,” said Moore when he first proposed the ordinance in December 2014. “Quite a few municipalities (in Florida) have done similar things.
Miami-Dade County passed a more restrictive ordinance in 2010, and Lake County followed suit in 2012. Both counties now face legal challenges.
The city of Jacksonville’s ordinance was struck down by a Duval County court in 2007. The court concluded the city cannot pass an ordinance that preempts a state statute.
“Every court that’s dealt with this issue has concluded these statutes are unconstitutional,” said LeDuc. “Pasco County is going to lose huge.”
In the meantime, on Tuesday LeDuc filed an emergency motion for a temporary injunction to allow Villagomeza to return home until the lawsuit is resolved. A hearing on the motion tentatively is scheduled for Jan. 6.
“Yes, these guys have done terrible things and deserve to be punished,” said LeDuc. “But at what point do they find redemption? Whatever happened to the Judeo-Christian doctrine of grace and forgiveness?”
Assistant County Attorney Kristi Sims was unavailable for comment. ..Source.. by D’ANN LAWRENCE WHITE
November 6, 2015
Man arrested in child sex sting sues Orange County Sheriff Office
11-5-15 Florida:
ORANGE COUNTY, Fla. — A man arrested in a child sex sting is suing the Orange County Sheriff’s Office on claims of entrapment.
Kenneth Hochstein’s attorney said deputies tried to entrap his client, who he said never had any intentions of meeting a 14-year-old girl.
After Hochstein’s arrest, he was not allowed to see his children and put on leave from his job as a federal corrections officer.
Sheriff’s Office video of the 2011 sex sting showed men who responded to a Craigslist ad which advertised a woman and her 14-year-old daughter for sex.
Hochstein inquired, saying he was interested only if the daughter was at least 18.
Attorney Patrick Megaro said Hochstein never intended to have sex with a minor.
“Every time the police suggested that he carry on any sort of sexual conduct with anyone under the age of 18, he specifically disavowed that,” Megaro said.
Megaro said once Hochstein showed up at the home to meet the woman, the undercover detectives told him it would be three of them and never mentioned the third was underage.
Hochstein was arrested, but a judge tossed out the charges a year later, saying the Sheriff’s Office failed to clearly communicate that there was a child involved.
“The way the police did this was using trickery and entrapping him,” Megaro said.
Hochstein was put on unpaid leave for a year during the investigation. The Department of Children and Families didn’t let him see his four children for two years.
He’s suing the Sheriff’s Office which he said severely tarnished his reputation. “No matter how much evidence that proved this man did nothing wrong, people are going to look at him as a child molester,” Megaro said.
Hochstein has no criminal history on record on central Florida. ..Source.. by WFTV.com
September 29, 2015
Florida group sues Seminole County, sheriff over sex-offender rules
9-29-15 Florida:
An organization that works to reform sex-offender laws in Florida is suing Seminole County and Sheriff Don Eslinger, alleging that a decade-old county ordinance is so restrictive that it prevents registered sex offenders from traveling to a grocery store, eating out at a restaurant or, in some cases, even leaving their homes.
According to Seminole's ordinance, sexual offenders or predators in most cases are not allowed to "travel through or remain within" 1,000 feet of schools, parks, day care centers or playgrounds.
"That's the problem. You could literally just be shopping at a store, such as Publix, and violate the ordinance if it sits within that 1,000 feet," said attorney Peter Sleasman, a Newberry attorney who is representing the non-profit group Florida Action Committee.
"The law is vague in terms of where a registered sex offender can go…So unless you're driving around town with a survey map, you have no idea where the 1,000-feet line is. Just by driving down the road, you could be violating the ordinance."
The ordinance even prevents a registered sex offender from attending a Seminole commission meeting, Sleasman said, because the county administration building sits adjacent to a private playground and across the street from a park in downtown Sanford.
Sheriff officials declined to comment about the suit, filed Sept. 15 in federal court in Orlando. County attorneys did not return calls.
The organization is not trying throw out the county's entire ordinance, Sleasman said. Rather, it is asking a judge to do away with the section that restricts where registered sex offenders can travel.
Florida Action Committee, based in the Sanford area, has about 650 members across Florida, including roughly 30 in Seminole County, according to the suit. Many of FAC's members are required by state law to register with local law enforcement agencies as sexual offenders or sexual predators.
Organization officials did not return calls to comment on their suit.
According to the group's web site, FAC's mission is to "educate the media, our legislators and the public" about sex-offender issues.
"Our current policies for sex-offender management are failing," according to the web site, floridaactioncommittee.org. "We need to fix our broken system to create a safer Florida."
Seminole's ordinance was enacted in 2005 at a time when governments across Florida were putting in place tough laws restricting sex offenders. Many Central Florida cities have since passed rules that prohibit sex offenders from living within a certain distance of schools, playgrounds, parks, day care centers and, in some cases, school bus stops and churches.
But Seminole's ordinance goes a step further by establishing exclusionary zones around those areas. Sex offenders who are stopped within an exclusionary zone would have to explain to law enforcement as to why they are there, according to the ordinance.
Sleasman cited an example of a sex offender who asked to remain anonymous who has had "a clean record for 20 years. But he can't drive out of his neighborhood without going into an exclusion zone if he were to strictly adhere to the ordinance," he said. "It is basically a form of house arrest."
Still, sex offenders have certain exceptions to travel or "reside" within the 1,000 feet, including attending a church service, receiving care at a medical facility or going to work, according to the ordinance. ..Source.. by Martin E. Comas
September 19, 2015
2 sex offenders living near Lake Nona park move after uproar from community
9-19-15 Florida:
ORANGE COUNTY, Fla. — Two sex offenders who caused an uproar when neighbors found out they were living feet from the community park have moved, but the battle isn’t over; the convicted sex offenders are taking the city of Orlando to court.
Channel 9’s Jeff Levkulich was there as residents got an update on the situation from city leaders.
David Levitat, who owns the home, moved out Wednesday. He was originally told that it was OK to move into the neighborhood, which is a short distance from the park, but the city said it’s against the law.
Orlando leaders held a special town hall meeting at Lake Nona High School for about 30 residents of Laureate Park.
They wanted to know how Levitat, a former doctor who was convicted of having sex with a 13-year-old in 2005, was able to move into a $500,000 home recently, with another sex offender, Brian Zuvich, close to a park where children play.
“It was just unfortunate it wasn’t caught. But once the neighbors who are engaged and involved in the community brought it to our attention, we dealt with it and within 30 days both of the offenders moved out,” said City Commissioner Jim Gray.
Members of the Orlando Police Department went over the laws with residents regarding sex offenders and how the department is dealing with the problem.
Many of those who were at the meeting said they were relieved with how the city handled the situation.
“They are very responsive and that’s what we want. That’s what our tax dollars are here for so I’m glad they are here and very responsive to our needs,” said resident Maria Gonzalez.
Despite the men moving out, a lawsuit is pending. ..Source.. by wftv.com
September 16, 2015
FAC Sues Seminole County, Florida over Sex Offender Exclusion Zones Ordinance
9-16-15 Florida:
The Florida Action Committee (FAC) has sued Seminole County and its Sheriff over the County’s proximity ordinance, which prohibits certain registered sexual offenders and predators from traveling through or being present within “exclusion zones” that encompass most of the County. The problem is that the zones are so broad and so vague that law abiding registered citizens cannot comply with the ordinance.
Florida Institutional Legal Services Project of Florida Legal Services, a non-profit law firm, represents FAC in the lawsuit, which was filed today in Federal Court in the Middle District of Florida.
The lawsuit alleges the ordinance violates the First, Eighth and Fourteenth Amendments of the Constitution, as well as a citizen’s right to intrastate travel under the Florida Constitution. “The ordinance literally makes it impossible for a registered citizen to travel through the County without risking criminal prosecution” said Gail Colletta, President of FAC.
The ordinance, which is applied to all registered citizens regardless of their date of offense and endures for the rest of their lives, prohibits individuals convicted of certain sexual offenses from traveling through or being present within 1,000 feet of any school, daycare center, park or playground in Seminole County.
The resulting exclusion zones extend onto public roads and sidewalks. In areas such as Sanford the exclusion zones overlap and create barriers to any kind of travel in or through the city. Registered citizens are not permitted to enter or even travel through the exclusion zones except for very limited exceptions.
The exceptions do not allow routine lawful activities such as such as banking, food shopping or visiting family. Many public transit bus stops and all bus routes are in, or pass through, exclusion zones.
The exclusion zones are not marked and registered citizens have no way of determining where zones begin or end. Playgrounds are defined to include public and private play areas, many of which are not reflected on any maps.
A person can be found guilty of violating the exclusion zone even if they unintentionally enter the zone and registered citizens are at constant risk of inadvertently violating the Ordinance.
The Ordinance also applies to all registered citizens traveling through the County even if they do not reside there and have no knowledge of the restrictions.
The lawsuit seeks a permanent injunction preventing the county from enforcing the Seminole ordinance. ..Source.. by Florida Action Committee (FAC)
September 5, 2015
Sex offender fighting demands he move out of Lake Nona home
9-5-15 Florida:
ORANGE COUNTY, Fla. — Two registered sex offenders are taking the city of Orlando to court, in a fight over where they can live.
The men say they were given the OK by the state to live in a Lake Nona neighborhood, but according to the city, their home is too close to local parks.
Convicted sex offender David Levitats' $500,000 home is just a short distance from a small park where neighbors say a lot of children play.
"I think it would be terribly unfair now to ask me to leave," he told Channel 9's Janine Reyes.
Levitats is a former physician, convicted of having sex with a 13-year-old in 2005. He's now on probation and just recently purchased and moved into the house.
He moved into the house with his wife and with convicted sex offender Brian Zuvich.
Zuvich was arrested in 2012 when officers said he had hundreds of child pornography videos in his apartment.
Families who live next door to the men said they don't like that they live in their neighborhood.
"There's a lot of kids in this neighborhood, in this area," resident Daniel Rivera said.
Rivera has a teenage daughter, but he's not the only one who wants his new neighbors out. The probation department and police said Levitats and Zuvich have to go.
"We continue to be told that we are in violation of a city ordinance," Levitats said.
"By the police department?" Reyes asked.
Yes ma'am," Levitats said.
There are two small parks near Levitats' house. In a lawsuit, Levitats and Zuvich claim that they are not banned from living near the parks.
Levitats said his probation officer gave him the go-ahead before he moved in, but said police have given him notice that he and Zuvich are in violation.
"Certainly I understand he has bought a house, but on the other hand he has a responsibility with the law," Rivera said.
Zuvich has been told he has until Friday to leave the home, unless a judge signs a temporary injunction that he and Levitats are trying to obtain.
The Florida Department of Corrections admits it initially gave the men permission to live in that house, saying their resources didn't show the parks.
But official there said offenders and probation officers should make sure they are in compliance. ..Source.. by wftv.com9
February 13, 2015
Florida sex offender able to keep $3 million lottery win
See Earlier: Convicted sex predator wins $3 million lottery jackpot2-13-2015 Florida:
When Mount Dora, Florida resident Timothy Poole won the state lottery many were up in arms because he is a convicted sex offender.
Two of Poole’s alleged victims tried to sue him so he couldn’t spend his winnings and failed Friday when an Orange County judge denied their suit. While the lawsuit itself hasn’t been thrown out of court, Poole is not subject to any ban on spending. He can spend as much of the lottery money as he likes. The men claim Poole molested them when they were 5 and 9 years of age. Poole was reportedly a family friend.
Poole was arrested in 1999 on allegations he sexually battered a 9-year-old boy. He pleaded not guilty to the charges. After being held in jail for 13 months, he entered a plea bargain, accepting an attempted sexual battery charge for a sentence of the 13 months in jail he’d already served. He also faced 10 years of sex offender probation and registration as a sexual predator.
Florida Sen. Darren Soto plans to file a bill next week that would freeze the lottery winnings of sex offenders in the state for a year. That time would allow victims to time to file lawsuits against their perpetrators. ..Source.. by Nick Kotecki
January 17, 2014
Is Intracoastal big enough barrier to sex offender?
1-17-2014 Florida:
FORT LAUDERDALE—The city says a registered sex offender lives too close to Birch State Park, even though a child at the park would have to swim or kayak almost 400 feet across the Intracoastal Waterway to pass by his Coral Ridge home.
By foot or bike, the distance is closer to 1.5 miles.
David Barcenas, 51, is suing the city in federal court, saying he should not have to move out of the home he has lived in with his domestic partner for 18 years.
City officials say they are following the 2007 law that prohibits sexual offenders from living within 1,400 feet of a park, school or other spot where children are likely to gather. They say that distance is determined "as the crow flies."
"Looking at this case through a rational lens, the conclusion is inescapable that this ordinance should not apply to David Barcenas," said Brian Bieber, his attorney.
But it's common for sexual offender laws to take a straight-line approach when determining where an offender can and cannot live.
"It doesn't make a difference if a park, playground or school is inaccessible in a pragmatic way, if it's within the 1,400 feet, then it's off limits," said Jill Levenson, a Lynn University professor who has researched sex offender issues.
Distance requirements for sexual offenders have been controversial for years, as cities pass new restrictions and effectively zone offenders out of their communities, forcing many to live under bridges or crowd into limited areas.
The state's sexual offender registry shows more than 100 offenders – mostly transients – living within a quarter-mile of the Budget Inn in the 2700 block of North Federal Highway in Fort Lauderdale. The registry currently lists six offenders living at the Inn, which had 24 there at one time in 2011.
Levenson said many of those offenders aren't homeless. Instead, they live elsewhere but sleep in the area because residency rules are tied to a 10 p.m. to 6 a.m. curfew, she said.
A recent study she worked on shows all but one Broward government has imposed restrictions greater than the state's 1,000-foot minimum, as have 17 Palm Beach County governments. Many go further than Fort Lauderdale, imposing 2,500-foot distances between places where offenders live and children gather.
Levenson said there are good intentions behind the laws – protecting children – but researchers have found no proof the laws have done that.
"Some researchers have argued that policies restricting where sex offenders live, rather than where they go and what they do, ignore empirical evidence and thus misdirect prevention strategies," says the 2013 study of transient sexual offenders and residence restrictions in Florida that she co-authored.
In the Barcenas case, law enforcement officials searched his house in 2009 and found 30 images of child pornography posted on the walls of one room, according to court documents. Two years later, he was charged with one count of possessing child pornography. He pleaded guilty and in January 2012 and was sentenced to 18 months in prison.
Before being released in June, Barcenas sought to be allowed to return to his home despite the city law. U.S. District Judge Kathleen Williams granted his request, Bieber said, requiring that a fence be placed on his property running alongside the water as an added precaution separating him from the park.
The city, however, insists that Barcenas move out of the Northeast 17th Street home. Assistant City Attorney Brad Weissman said he could not comment on the judge's decision because of the pending litigation.
Even if the residency restrictions are conceded, Bieber said the city's ordinance allows offenders to stay in their homes if they lived there prior to the city law taking effect in 2007.
But Weissman said that does not apply to people convicted of sexual crimes after the law took effect. People have been on notice since then that their residency can be restricted if they commit an offense, he said.
Levenson said there are better approaches to dealing with sexual offenders, such as subjecting them to anti-loitering laws where children congregate, rather than pushing them out into the streets.
"If we want criminal offenders to lead a law-abiding life, they really need opportunities to reintegrate successfully into the community," she said. ..Source.. by Larry Barszewski
November 7, 2011
Group evicted families to house sex offenders
11-7-2011 Florida:
WEST PALM BEACH, Fla. -- A judge has ruled that a religious group violated federal law when it evicted families from a Palm Beach County complex to house former inmates.
Civil rights lawyers say Matthew 25 Ministries and property owner Alston Management evicted families so convicted sex offenders could move in. U.S. District Judge William Dimitrouleas ruled this week that the action violated the federal Fair Housing Act which prohibits discrimination based on familial status.
Pastor Dick Witherow, who leased the complex from Alston Management, told the Palm Beach Post the complex is the only place in the county where sex offenders could live without violating laws that bar them from living near places where children gather.
Former tenants of the one-time migrant worker camp sued. A mediation session is scheduled for Nov. 18. ..Source.. by Florida Wires
