CO - Should we stop labeling people 'sex offenders?'

Original Article (Video available)

01/17/2015

By Melissa Blasius

KUSA - A state regulatory board debated Friday whether the label "sex offender" was too stigmatizing to people who committed sex crimes.

Colorado's Sex Offender Management Board regulates treatment, rehabilitation, and monitoring of sex offenders. Friday's board meeting included a vote whether to eliminate the word "sex offender" from the board's official policies. Suggestions for replacement words included "clients," "defendants" and "individuals."

Ultimately, the board chose to continuing using the term "sex offender," but member also agreed to use other terms interchangeably as they revised written regulations. The decision came after more than an hour of debate, including comments from relatives of sex offenders, victim advocates and a local prosecutor.

"People who have committed a sexual offense will have a much better chance of revising their lives and moving in a different direction if they don't have the stigma of sex offender hanging over their heads," said Susan Walker. She is the director of an advocacy group called Coalition for Sex Offense Restoration.

Read the entire article here

CA - Do Residency Bans Drive Sex Offenders Underground?

Original Article

07/07/2014

By Steven Yoder

Early last year, Los Angeles set aside a sliver of land in its Harbor Gateway neighborhood for the city’s newest and smallest park: two jungle gyms on a fifth of an acre.

The project was more than just an effort to increase the city’s green space. City Council members made clear that one of the park’s principal reasons for existence was to force 33 people on the California sex offender registry who were living in a nearby apartment building to move out. State law bars those on its registry from living within 2,000 feet of a park or school.

“We came together, working with the police department, to problem-solve, to send a message that Harbor Gateway cannot be dumped upon with a high number of registered sex offenders,” councilman Joe Buscaino said (Video) at the park’s opening.
- Just imaging how much money would be wasted if all grandstanding politician were to put pocket parks all over the state just so they can "look tough" on ex-sex offenders?  That is all this is, grandstanding!

But the state ban itself already clusters registrants into a limited number of areas, according to a September 2011 report by the California Sex Offender Management Board, which was created by the state legislature to advise it on sex offender policies.

California hasn’t been alone in its tough approach to ensuring that formerly incarcerated sex offenders pose no danger after they are released. As part of a wave of new sex offender laws starting in the mid-1990s, about 30 states and thousands of cities and towns passed such residency restrictions—prompting in turn a pushback from civil liberties advocates, state legislators and registrants themselves who argued the restrictions were not only unduly harsh but counterproductive.

But a court decision in Colorado last year could mark a shift in momentum.

In the Colorado case, _____, a high school soccer coach convicted in 2001 for a consensual sexual relationship with a 17-year-old student, was sentenced to seven years’ probation and put on the state sex offender registry.

Eleven years later, in 2012, he and his wife bought a house in the city of Englewood. But the police department told him he couldn’t live there because of a city ordinance prohibiting sex offenders from living within 2,000 feet of schools, parks and playgrounds—a law that effectively made 99 percent of its homes and rentals off limits to offenders.

Englewood police also warned offenders that even in the open one percent, if they contacted a homeowner whose property wasn’t for rent or for sale, they could be charged with trespassing.

_____ sued, and last August a federal court concluded that the city’s ban went too far.

The judge ruled that it conflicted with the state’s existing system for managing and reintegrating sex offenders and could encourage other towns and cities to do the same, effectively barring offenders from the entire state. Englewood has appealed, but two of the state’s five other cities that have residence bans have softened their restrictions since the decision.

The other three are awaiting the outcome of the appeal, according to John Krieger of the American Civil Liberties Union (ACLU) of Colorado, which represented Ryals.

Read the rest of the article

CO - Former Longmont officer (Christopher Martinchick) sentenced

Christopher Martinchick

Original Article

04/15/2014

FORT COLLINS - A former Longmont police officer who admitted to the attempted sexual assault of a woman in Loveland was sentenced Tuesday to eight years of sex offender intensive supervised probation.

Christopher Martinchick, 43, also must register as a sex offender and was ordered to serve six months in jail on work release.

Martinchick pleaded guilty in 8th Judicial District Court in November 2013 to attempted sexual assault, a class 5 felony, and invasion of privacy for sexual gratification, a misdemeanor.

Martinchick was arrested last July following a Larimer County Sheriff's Office investigation into a reported sexual assault that occurred in Loveland. The adult female victim told police that on two separate occasions, Martinchick engaged in sexual activity with her while she was sleeping and under the influence of a prescribed muscle relaxant.

Sexual images taken without the woman's consent while she was sleeping were found on computers and a cellphone that the sheriff's office searched as part of the investigation.

Conditions of the sex offender intensive supervised probation include that Martinchick must comply with any counseling or substance abuse treatment as recommended, have no contact with anyone under the age of 18 other than his own children, register as a sex offender and have no contact with the victim.

Martinchick must report for work release within 14 days. He will also serve two years supervised probation concurrent with the sex offender intensive supervised probation.

CO - Adams sheriff disappointed after deputy's (Henry Ford) arrest on sex assault charge

Henry Ford

Original Article (Video available)

04/11/2014

By Yesenia Robles

BRIGHTON - Adams County Sheriff Doug Darr on Friday expressed disappointment about a deputy who has been arrested for suspicion of sexual assault on a child.

"This is a violation of the public trust," Darr said at a news conference. "It's always disappointing when one of our own is accused."

Henry Ford, 37, who was arrested on Thursday, is an eight-year veteran of the department who was assigned to the detention facility. Darr said the incident was unrelated to Ford's work.

Documents in the case were immediately sealed, and Darr said that limited his ability to say much about the case.

The investigation started Wednesday, although it is unclear what information prompted the investigation. Darr also did not answer questions about the victim or whether the alleged assault constituted a pattern of abuse.

Evidence was gathered quickly enough to make an arrest Thursday. Darr said the deputy was not placed on leave before the arrest was made, and the sheriff would not comment about where or how the arrest took place.

The investigation is ongoing but will be turned over to the district attorney's office so prosecutors can evaluate what charges to formally file.

CO - Colorado law allows sex offenders to remove name from State’s registry

Original Article (Video available)

04/06/2014

By Eric Ross

If you believe a sex offender remains on the State's registry for life, think again.

News 5 learned by simply filing a petition, offenders can ask a judge to have his or her name removed.
- As it should be!

Marilyn Spittler is upset, and angry after learning her ex-husband and convicted sex offender, _____, filed a petition in Douglas County Court to have his offender status wiped away.

"We need to do something about this law," Spittler said.

Spittler is referring to a Colorado law that allows sex offenders to erase their name from the registry. Her ex-husband was accused of assaulting not one, but two of her daughters back in the 1990's. For their protection and at Spittler's request, we are not releasing their names.

The abuse was alleged to have been going on for 8 years. After one of Spittler's daughters came forward, _____ was arrested and charged with a laundry list of sex crimes.

It's important to note _____ was not convicted on all the sex crimes he was originally charged with committing.

_____ was sentenced to seven years in prison.

He served time in prison through the Colorado Department of Corrections from Aug. 27, 1996 until Nov. 12, 1996.

He was not released on parole.

His sentence was converted by a judge to a community corrections sentence.

After being released from prison, _____ registered as a sex offender.

Now, he wants his name removed.

Spittler says as long as she's living, she'll be fighting to make sure he remains on the list for life.

"His victims have permanent memories and permanent damage," she said. "They can't go petition the court to remove those memories. It's permanent in their lives and it should be permanent in his life as well."
- As long as someone sees themselves as damaged goods, then so shall they be!

Since 2006, more than 2,300 hundred convicted sex offenders were able to remove their name from the registry.

Below are statistics provided to News 5 by the Colorado Bureau of Investigation regarding the number of sex offenders across the state who have successfully removed his/her name from the registry:

• 2006: 152
• 2007: 221
• 2008: 261
• 2009: 314
• 2010: 321
• 2011: 469
• 2012: 508
• 2013: 459
• 2014: 102 through March, 14, 2014

"The overall theory of our criminal justice system is that you do your time, you should be able to move on with life," attorney Christopher Braddock said.

Braddock has helped a handful of sex offenders win their case.

"I think you have to look at if they (the offender) has done their time, you have to consider how much time is enough," Braddock said.

Susan Walker, executive director for Coalition For Sexual Offense Restoration, an advocacy group for sex offenders, says the public doesn't understand the life-long harmful effects this list creates.

"People are kept from housing and jobs," she said. "They are sometimes persecuted."

The registry removal law was created as a second chance opportunity, rewarding those who have served their time and haven't re-offended.

Laws like this are fairly common.

Oklahoma, Texas, and Missouri are just a few states that allow offenders to get off the registry.

However, Spittler refuses to be sympathetic with offenders, especially ones who prey on children.

While _____ hasn't been in trouble with the law since serving his time, Spittler believes he is still a risk.

"This particular offender works in an industry where he needs access to buildings," she said. "If you remove him from the list, there's nothing stopping him from applying for computer and technology installation contracts at schools, civic centers or daycares."

Sex offenders convicted of molesting children can no longer petition the courts to have his or her name removed. In _____'s case, he's eligible to appeal his registry requirement since his conviction took place two years before that law was changed.

There was legislation drafted last year to make it harder for offenders to remove their names. That ultimately failed due to a discrepancy. It was not reintroduced this legislative session.

_____'s case will be reviewed on April 10.

A judge will likely decide at that time whether to allow _____'s name to be removed.

Calls placed to _____ for comment were not returned.

CO - Boulder sex offender stabbed a second time

This happens all the time and is proof why the online registry needs to be taken offline to prevent this type of crime, and community notifications need to be done by unmarked police vehicles in plain clothes as well.

CO - Former Police Officer (Alexis Robinson) Arrested For Sex Assault Against Children

Alexis Robinson

Original Article

03/26/2014

By Kristin Haubrich

A former police officer and head of security at a school district was arrested for multiple child sex crimes, now spanning two states.

Alexis Robinson, 51, was out on bond for sex assault charges in Kansas, when he was recently arrested by El Paso County deputies.

Robinson served as a police officer in Wichita, Kan. for 22 years. He retired as a sergeant in 2006. Then he signed on as a security supervisor with a school district in that community.

More than a year ago, police in Kansas started investigating Robinson for sexually assaulting several children after a 24-year-old man came forward saying he had been molested a decade earlier.

According to arrest papers obtained by 11 News, during that investigation detectives say an accuser in Colorado came forward, years after the alleged sex abuse. The papers say Robinson visited a family several times at their home in El Paso County in the 1990s. During those visits, the papers allege the suspect made the young boy watch pornographic movies and had him perform sexual acts.

Three victims came forward in Wichita and one has come forward in El Paso County. We are told they were all between the ages of 12 and 15 at the time of those alleged crimes.

Robinson is scheduled to be in court again later this week to discuss his bond. 11 News will stay on top of this case and let you know what happens.

CO - With 2 Different Bills, Colorado Will Get A ‘Jessica’s Law’

Original Article

02/28/2014

DENVER (CBS4) - Colorado lawmakers from both parties are working on different versions of a bill that would lay out mandatory sentences for child sex offenders.

Similar bills have failed before. Last year’s bill, brought by Republicans, died in an end-of-session drama that left Democrats struggling to explain why they opposed a bill that went hard on sex offenders. So this year there are dueling bills — one Democratic one Republican.

The intent of both bills is the same — to make sure anyone who sexually assaults a child spends a long time behind bars.

Both bills are named after Jessica Lunsford, a young girl from Florida who was raped and murdered by a sex offender on parole.

“A lump starts to grow and your heart just stops beating,” Lunsford’s father Mark Lunsford told lawmakers last year.

He testified before lawmakers on a bill that would put anyone convicted of molesting a child behind bars at least 25 years. It failed.

“It just broke my heart,” said Rep. Libby Szabo, R-Arvada.

Szabo brought the bill back this year.

“Because it’s important,” Szabo said.

“For these types of offenders a longer sentence is something that’s necessary,” said Rep. Mike Foote, D-Boulder.

Foote is among those who voted against the Szabo bill, calling it “one size fits all.” But he also promised Mark Lunsford he would try to do something. He’s now introduced his own “Jessica’s Law.” His bill would put child molesters away for 10 to 24 years depending on the seriousness of the crime.

“My bill treats different types of actions differently, but also makes sure to target those who are committing the worst of the worst offenses,” Foote said.

“I feel that if someone is capable of committing lewd molestation on a child that the 25 years fits the crime,” Szabo said.

Both bills go before the same committee Monday. With Democrats in control, Szabo’s bill will fail and Foote’s will pass. But, Colorado will get a Jessica’s Law, and Szabo, who started the conversation, says that is what matters.

Colorado is one of five states without a Jessica’s Law.

See Also:

• Colo. lawmakers to consider law to toughen sentences for sex offenders

CO - Inside the life of a registered sex offender

Original Article

02/23/2014

By Kevin Torres

DENVER - According to the Colorado Bureau of Investigation, there are currently more than 10,000 registered sex offenders living in Colorado. Chances are some of them live in your community.

9NEWS was given a rare look at what life is like for a registered sex offender years after they committed their crime.

"August 16th of 2006... I was arrested for chatting online with an undercover officer... I thought this person was a 13-year-old girl," said Brent (we are not using Brent's last name due to privacy), a registered sex offender.

On that warm August day, Brent found himself surrounded by officers inside his high paying job at Lockheed Martin. From that moment forward he would be labeled a sex offender and lose every ounce of freedom.

"I was charged with criminal intent of sexual assault on a child," said Brent.

"I was just shocked. I don't know what else to say. I cried," Brent's wife Amanda replied.

In the months that followed, Amanda would learn more about her husband's problem. It turns out Brent had been battling his demons for years. In 2003, Brent says, he tried chatting with an underage girl online but got cold feet and backed away. Stressed by this information, Amanda nearly walked away from Brent... But ultimately, she stayed.

"I let him back in the home but that didn't mean I wasn't watching every move he made or made sure this is something I wanted in my life. And it took me a lot of prayer and a lot of support," said Amanda.

The years that followed would prove to be more difficult. Employers wouldn't consider Brent, neighbors turned on him and bills piled up. .

No work, no money, few friends. Yet, Brent pushed forward as he was determined to convince people he had changed.

"It doesn't matter if you can please yourself. Because the public thinks you're a scum bag. And that's what really matters," said Dr. Max Wachtell, 9NEWS Psychologist.

Wachtell has studied sex offenders and says public perception is hard to change. Even though Wachtell says repeat occurrences are considered low among people in Brent's position, the average person will still have a negative outlook on him.

"Sex offenders who feel like they've gone through a ton of treatment, feel like they're a completely different person - their families think they've changed - society isn't going to see that. Society is going to see that person as a sex offender. And that's the box that person is going to be in the rest of their life," said Dr. Wachtell.

The legal sentence Brent received pales in comparison to the personal sentence he deals with every day; which is why Brent is placing a lot of his efforts in a sex offender therapy group geared at helping people coping with situations similar to his.

"God just gave us peace," said Brent.

The Colorado Bureau of Investigation studies the state's sex offender population closely. Here is a list of facts they've gathered:

• There are currently 10,096-registered sex offenders in Colorado, as of June 2, 2008.
• Approximately 60% of convicted sex offenders in Colorado are sentenced to community placement (probation, parole, or community corrections) with the remainder being sentenced to incarceration at the Department of Corrections or the county jail (Colorado State Court Administrator's Office, 2003).
• As of June 2008, there are currently 457 Sexually Violent Predators in Colorado. Of these, 364 are currently incarcerated in the Department of Corrections and 93 are listed on the Colorado Sex Offender Registration web site. (Not all SVP's who are incarcerated are posted on the web site. As an SVP is released from prison to live in the community, they will be posted to the Web site).
• A 1998 study by the Colorado Department of Public Health and Environment found:
• 1 in 150 women and 1 in 830 men in Colorado had experienced a completed or attempted sexual assault in the past 12 months;
• Approximately 16% of these assaults were reported to police;
• 1 in 4 women and 1 in 17 men in Colorado had experienced a completed or attempted sexual assault in their lifetime (Colorado Department of Health, 1998).