Showing posts with label Arizona. Show all posts
Showing posts with label Arizona. Show all posts

Wednesday, October 8, 2014

AZ - Arizona’s Naked Photo Law Makes Free Speech a Felony

Original Article

09/23/2014

By Lee Rowland

Which of the following could land you a felony conviction in Arizona?
  • Showing images of naked prisoners tortured at Abu Ghraib;
  • Linking to the iconic Pulitzer Prize-winning photograph of “Napalm Girl,” showing an unclothed Vietnamese girl running from a napalm attack;
  • Sharing a close-up photo of a woman’s breast with a breastfeeding support group;
  • Waving a friend over to see a cute naked baby pic — like the one you see on this page.

Unfortunately, the answer is all of the above. That’s because Arizona recently passed a law that makes it a felony — and potentially a sex offense — to share any image of nudity or sexuality before you get consent from every person pictured.

Protecting personal privacy is, without doubt, a laudable goal. Indeed, the ACLU works tirelessly to protect your private data. But Arizona’s “nude photo law” is a seriously misguided attempt to achieve that goal. This new crime is broad and confusing. It applies to anyone who shares a nude image, not just to bad actors who intentionally invade another’s privacy. A prosecutor need not demonstrate that a person had an expectation of privacy in an image before charging you with a crime for sharing it. And the law applies equally to a private person’s hacked naked photo and a beautiful nude at a photography exhibit — because the law’s breadth encompasses truly newsworthy, artistic, and historical images.

As a result, the nude photo law creates bizarre and troubling burdens on speech fully protected by the First Amendment.

Saturday, August 9, 2014

AZ - Owner of websites loses case in federal district court

Original Article

Click the "Offendex" label above for all related articles.

Excerpt:
This newsflash from California RSOL Charles Rodrick, owner of a family of websites that publishes the names, photos and other personal information regarding registered citizens and sometimes members of their families, today lost a case filed against him.

Friday, July 11, 2014

AZ - Ex-FBI agent (Ryan Seese) doesn't have to register as sex offender for peeping Tom incidents in Hershey, elsewhere, court says

FBI Logo
Original Article

Of course not, they are above the law! See here for many videos of people working for the government, busted for child porn, and it was swept under the rug.

07/11/2014

By Matt Miller

A former FBI agent who admitted sneaking into bathrooms to watch girls and women use toilets doesn't have to register as a sex offender, the state Superior Court has ruled.

The decision, issued this week in response to a plea by Ryan Seese, comes nearly four years after the Derry Township man was sentenced to 1 to 23 months in Dauphin County Prison, plus 3 years of probation, for committing the crimes at the Hershey Middle School and a private gym.

In its ruling, the Superior Court concluded that Seese isn't subject to sex offender registration because of amendments the state Legislature made to the Sex Offender Registration and Notification Act, which took effect two years after his sentencing.

Seese pleaded guilty and no contest in 2010 to three charges of invasion of privacy and pleaded guilty to additional counts of criminal trespass and disorderly conduct. Police said two adult women were the victims in the incident in the women's locker room at the private gym and that Seese spied on two teens in a girl's bathroom during a concert at the middle school.

Seese left the FBI in 2007 after being convicted of another peeping Tom incident in a women's restroom at the University of Arizona.

When sentenced in the local cases in December 2010, Seese told Dauphin County Judge Bernard L. Coates Jr. the "addictive behavior" that drove him to be a peeping Tom went out of control following the death of his young son and his subsequent divorce.

Saturday, June 28, 2014

AZ - Arizona Boy, 5, Gets Accused Of ‘Sexual Misconduct’

Sexual Misconduct
Original Article

06/27/2014

By Lisa Fogarty

_____, a kindergartner at Ashton Ranch Elementary School in Surprise, Arizona, was recently forced to serve detention for an unusual offense: sexual misconduct.

The little boy was playing on his school’s playground when another child instructed him to pull his pants down “or else he would do it for him,” reports Daily Mail. The child did as he was told, pulling down both his pants and underwear in front of other students.

School administrators responded to this incident by taking _____ to the principal’s office and forcing him to sign a document that labeled his actions as "sexual misconduct," according to the child’s mother.
- So what about the bully who told him to do this?

_____ says the school did not contact her immediately after the incident and that she only learned about it after her son was told to sign the paper.

He’s a 5-year-old,” _____ said. “He does not know right from wrong yet.”

_____ says she fears the label will follow her son throughout school and that he only signed the paper because he was forced to do so. When she tried to appeal the school’s actions and have the document removed from _____’s permanent record, she was told it couldn't be done.

My son is not a sexualized minor,” _____ told AZ Family. “I’m just heartbroken. That’s not my son.”

Dysart Unified School District representatives insist the school’s administrators were simply following the proper protocol when they took disciplinary action against the young boy. Indecent exposure is considered a form of sexual misconduct, according to their rules, and parents are not required to be at the school during the meeting that follows the incident, unless the child asks for them.

Monday, May 19, 2014

AZ - Jury awards $3.4M to victims of sex-offender websites

Extortion
Original Article (Video available)

05/16/2014

By Robert Anglen

Victims targeted for harassment on sex-offender websites pleaded with a Maricopa County jury to financially punish the owner and take away his ability to continue operating.

On Wednesday, the jury listened.

In a unanimous verdict, jurors hit Valley businessman Charles "Chuck" Rodrick with a $3.4 million judgment on behalf of three people profiled on websites such as Offendex.com, SORArchives and SexOffenderrecord.com.

Rodrick is accused of running an Internet extortion racket that used public records maintained by law enforcement to demand money from sex offenders, harassing those who complained.

The jury awarded victims almost $500,000 in actual damages and $2.9 million in punitive damages, agreeing Rodrick defamed them, invaded their privacy, put them in a false light and abused the court system by filing lawsuits against them as a form of retaliation.

The decision came after the court last week declared Rodrick the defendant in defamation lawsuits he filed more than a year ago against those who publicly decried the websites, including his ex-wife, her boyfriend, a convicted sex offender from Washington and the offender's mother.

Superior Court Judge Douglas Gerlach also allowed several of the victims' counterclaims against Rodrick to go forward, reversing the roles of the defendants and making them plaintiffs. The move effectively put Rodrick in the position of defending himself in his own case.

Rodrick, 52, of Cave Creek, appeared unperturbed by the separate verdicts. The court clerk had barely finished reading the judgments when Rodrick leaned sideways in his chair and called out to the opposing parties with a promise to appeal.

"Well, gentlemen, you know the drill," he said in a loud, mirthful voice.

Rodrick, who for more than a year has refused to discuss his websites, declined comment after court Wednesday.

His victims said they were elated by the decision.

"I am super glad justice has been served," Phoenix resident David Ellis said following the trial. "I did ask (the jury) to make their verdict significant enough to keep him from ever climbing out of his hole, and they did."

Ellis said he was targeted after he began dating Rodrick's ex-wife while the couple were going through an acrimonious divorce. Court records show Rodrick posted information on several websites suggesting Ellis, a decorated combat veteran with no criminal record, was a child molester.

Ellis, who is co-owner of an airplane-parts manufacturing company in Phoenix called American Aerospace Technical Castings, said Rodrick posted false information accusing his company of making shoddy equipment. Ellis said Rodrick also accused him of workplace sexual harassment.

"It's kind of a shame. I fought for people's civil rights," Ellis said. "Then this guy, he used the First Amendment to attack me."

Rodrick's ex-wife, Lois Flynn of Chandler, said she felt vindicated. Rodrick's websites accused her of having an adulterous relationship, being an alcoholic and working with child molesters who sought to discredit the websites.

Flynn said the Internet postings damaged her reputation and affected her relationships at church, where she once worked with kids.

"In church Sunday, if anyone looks at me sideways, I can hold up the judgment and say I have been judged the right way," she said.

The jury awarded Ellis almost $2.2 million. It awarded Flynn $780,000. It also gave $467,000 to Susan Galvez, the mother of a convicted sex offender in Washington sued by Rodrick after her son launched an Internet campaign challenging Rodrick's websites.

In court, Galvez called Rodrick a "bad man." Her son, pleaded guilty to child molestation in 1996. The jury did not award him any damages, dismissing his claims against Rodrick.

_____ said he considered his mother's win a victory for the family. He said he felt vindicated the moment the judge declared him a plaintiff and he no longer faced the threat of Rodrick's lawsuit.

"I had nothing to lose," he said. "The jury did what was right. If they had gotten the time to get to know who I am, they probably would have ruled differently."

Galvez said he was putting his life back together in 2012 when he discovered his profile on Offendex.com. When Galvez refused to pay to have his name removed and began complaining publicly, he said, operators retaliated against him.

Galvez said he launched his own site, Offendextortion.com, as a way to fight back. He said Rodrick sued his mother as a way to get at him.

Galvez said two jurors told him after the trial that his conviction and background made it hard for them to award him damages. But he said they both wished him well.

None of the eight jurors on Wednesday commented on the case.

A Call 12 for Action investigation in 2013 found Rodrick's sites mined data compiled by law-enforcement agencies across the country and used it to collect money from sex offenders. Operators did not always take down profiles after payments were made, and they launched online harassment campaigns against those who balked at financial demands or filed complaints.

The investigation found the websites listed individuals as sex offenders who no longer were required to register or whose names had been removed from sex-offender databases. The sites included names and personal information of people who had never been arrested or convicted of a sex crime.

The Internet-savvy operators ensured anyone in their databases could be found easily on a Google search. They prominently profiled specific individuals, published their home and e-mail addresses, posted photographs of their relatives and copied their Facebook friends onto the offender websites.

In court filings, Rodrick repeatedly denied owning the websites.

In March, a Maricopa County Superior Court judge found Rodrick controlled the websites, owned the domain names and was the only person capable of posting and removing information on the sites.

The judge sanctioned Rodrick for violating court orders and for failing to take down posts about Ellis, Flynn and the Galvezes.

The judge also sanctioned Rodrick's girlfriend Traci Heisig, a court reporter and owner of Desert Hills Reporting in Phoenix. The judge said Heisig, who joined Rodrick in defamation lawsuits, willfully refused to comply with court orders.

After she and Rodrick were declared defendants, Heisig was dismissed from the case.

Rodrick's former partner, Brent Oesterblad, testified that he helped disguise Rodrick's ownership interest by opening bank accounts and filing corporation papers for him. He said Rodrick further hid his role by registering website domain names in foreign countries and running them through proxy servers. His claims were backed by court and financial records.

Rodrick and Oesterblad, both of whom were convicted on fraud-related charges in the early 1990s, were at the center of state and federal lawsuits. Sex offenders and others named on the websites have accused them of running an extortion racket. Rodrick and Oesterblad are also accused of posting inaccurate or old information and using the threat of exposure as leverage in their operation.

Lawyers for Ellis, Flynn and the Galvezes credited Oesterblad with coming forward and providing crucial financial and operational data about the websites. They described his testimony as articulate and truthful. Claims filed against him in the Maricopa County case were dropped.

Rodrick, who represented himself in court, painted himself as a victim.

"It's not easy to be a defendant when you were the plaintiff," he said in a rambling closing argument Wednesday in which he denied ownership of the websites, argued about the amount of money they generated and complained about various court rulings.

See Also:

Monday, April 7, 2014

AZ - Former Mesa cop (Walter Knox) turned art dealer arrested for sexual assault

Walter Knox
Walter Knox
Original Article

04/02/2014

By Jason Volentine

SCOTTSDALE - A former Mesa cop and Scottsdale ancient art dealer is in trouble, accused of sexual assault in a case with bizarre details emerging from a police report.

Walter Knox, 42, is the owner of Knox Artifacts in downtown Scottsdale. Police served a search warrant and arrested Knox at his business last week.

Two women in their late 20s are listed as victims in the police report with one of the women claiming sexual assault. Knox is also charged with assault with a deadly weapon.

A Scottsdale police report said officers found cocaine and guns when they searched Knox Artifacts.

In the report, officers said during the arrest that Knox claimed he was the victim of a theft and assault at a strip club the night before.

One of the cops present at the arrest noted in his report that Knox looked high. Another officer said Knox talked at length about his experience as a Mesa police officer, shootings in which he had been involved and his current medical issues.

Knox was released after his arrest and the next day, according to the report, called Scottsdale police back to his gallery, claiming the victims listed in the sexual assault case had stolen $2,800 in cash and used his credit card to book first class airplane tickets to Texas.

The report said Knox also gave officers two baggies of drugs he claimed cops had left at the gallery during their search the day before. Police seized the two baggies of meth and another drug.

Knox is out of jail pending further investigation on this case.

AZ - Court hammers operator of Internet intimidation sites

ExtortionOriginal Article

04/05/2014

By Robert Anglen

A Valley man accused of running an Internet extortion racket was dealt a blow last month when a judge found he posted information on websites suggesting a decorated combat veteran with no criminal record was a child molester.

Maricopa County Superior Court Judge Katherine Cooper imposed several sanctions against Charles "Chuck" Rodrick, saying evidence showed he controlled websites where operators demanded money from sex offenders and harassed those who complained.

In a seven-page ruling March 26, Cooper found Rodrick controlled the websites, owned the domain names and violated court orders to remove posts involving three people he sued for defamation after they publicly decried the websites, including his ex-wife and her boyfriend and a convicted sex offender from Washington.

"He is the administrator for these websites and, in that capacity, is the only person capable of adding or removing information from these websites," Cooper wrote.

Cooper also sanctioned Rodrick's girlfriend, Traci Heisig, a court reporter and owner of Desert Hills Reporting in Phoenix. In a separate ruling, Cooper said Heisig, who joined Rodrick in defamation lawsuits, willfully refused to comply with court orders by repeatedly failing to show up for depositions.

Rodrick responded last week with a motion seeking to have Cooper removed from the case. He accused her of having a conflict of interest because of her past relationship with lawyers in the case, and he said the judge is biased against people who represent themselves in court.

"Rodrick has initiated an independent query into Judge Cooper's record in matters involving pro per litigants," he wrote. "It is believed the results show an extreme prejudice against him and pro per litigants in general."

For more than a year, Rodrick, 52, of Cave Creek, has denied ownership or control of the websites.

A Call 12 for Action investigation in 2013 found Rodrick's sites mined data compiled by law-enforcement agencies across the country and used it to collect money. Operators of the sites did not always take down profiles after payments were made and launched online harassment campaigns against those who complained.

The investigation found the websites listed individuals as sex offenders who no longer were required to register or whose names had been removed from sex-offender databases. The sites also included names and personal information of people who had never been arrested or convicted of a sex crime.

The websites, including Offendex.com, SORArchives.com and Sexoffenderrecord.com, stopped seeking payments from people in exchange for removing profiles in November after crackdowns on so-called take-down sites by credit-card and Web-based payment-processing companies.

Rodrick, who was convicted on fraud-related charges in the early 1990s, is at the center of several state and two federal lawsuits accusing him of running an online extortion racket. Lawsuits also have been filed against Rodrick's former business associate Brent Oesterblad, who has testified that he set up companies to disguise Rodrick's ownership interest and operated the websites as Rodrick's contract employee.

In May, Cooper ordered everyone involved in the defamation lawsuits to stop posting information on websites about the cases and each other. But Cooper said, in September, Rodrick posted claims suggesting his ex-wife's boyfriend, _____, was a child molester.

_____, a retired U.S. Marine Corps major and president of a real-estate holding company in Phoenix, never has been charged with a crime, records show.

Information Rodrick posted about _____ suggests he "is a child molester; states that he communicates with, aids and abets sex offenders and child molesters; alleges _____ committed sexual harassment and other misconduct in the workplace; and lists _____' employment addresses and professional affiliations," Cooper wrote in her ruling.

_____ called the allegations scurrilous, malicious and untrue.

Cooper said Rodrick violated two court orders, and she imposed several sanctions against him. She said a jury will be instructed that he posted the information about _____ and others and that his violation of court orders "may be relevant to the determination of _____' damages." She also ordered Rodrick to pay some fees for lawyers and a computer specialist hired by _____' legal team.

Cooper sanctioned Rodrick for failing to provide discovery to defendant _____, a convicted sex offender in Washington whose name was removed from official sex-offender registries but remained on the sites controlled by Rodrick. Rodrick sued _____ for defamation after he launched a website accusing Rodrick of extortion.

In her ruling against Heisig, Cooper criticized the court reporter's excuses for failing to show up at scheduled depositions. Heisig told the court she was in danger of losing a client over publicity generated by the case and feared what would happen if she missed an appointment with the client in order to attend her own deposition.

"When the Court denied her request ... she elected not to obey the Court's orders anyway," Cooper wrote.

Cooper ordered Heisig to pay attorney's fees and costs related to the missed deposition and tossed out her claims against defendants in the lawsuits.

Monday, March 10, 2014

AZ - Ex-MCSO posse member (Roger Byg) busted on porn charges in Sun City

Roger Byg
Roger Byg
Original Article

03/06/2014

By Phil Benson

SUN CITY (CBS5) - A former Maricopa County sheriff's posse member was arrested Thursday after a computer repair company said they found hundreds of child porn images on his computer.

Roger Byg, of Sun City, was booked into the Fourth Avenue Jail on 10 counts of sexual exploitation of a minor.

The computer repair technician told investigators the discovery occurred on March 3. The technician said the images "were extremely disturbing," MCSO said.

On Thursday, detectives with MCSO's Computer Crimes Division executed a search warrant at Byg's home.

Investigators said they found a laptop containing "a substantial amount of child pornography images."

The children ranged in age from 3 to 14 years old, MCSO said.

Byg resigned from the posse early last year. He had also served on the board for a short time.

Friday, March 7, 2014

AZ - Female jailer (Yennifer Reyes) arrested for sex with teen girl, Pima County sheriff’s official says

Yennifer Reyes
Yennifer Reyes
Original Article

03/06/2014

By Kimberly Matas

A female corrections officer at the Pima County jail has been arrested on suspicion of having sex with a teenage girl.

Yennifer Reyes was booked into the jail Wednesday and faces a charge of sexual conduct with a minor 15 years of age or older, Deputy Tracy Suitt, spokesman for the Pima County Sheriff’s Department, said in a news release.

Detectives began an investigation Tuesday after receiving a report that Reyes had been involved in a sexual relationship for several months, from late 2013 to earlier this year, Suitt said.

The Sheriff’s Department was in the process of firing Reyes when she resigned Thursday, Suitt said. She had worked for the sheriff’s department since May 2005.