AZ - Arizona Boy, 5, Gets Accused Of ‘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.

NH - They’re killing sex offenders

Original Article

06/20/2014

By Chris Dornin

I was pleased to see a recent Sentinel editorial declaring the Internet sex offender roster punitive. My nonprofit group Citizens for Criminal Justice Reform filed an amicus brief in December supporting John Doe, a former sex offender challenging the New Hampshire sex offender shaming list as an unconstitutional ex-post-facto punishment.

At the oral arguments in May, all four justices asked questions suggesting they viewed the registry as an added criminal penalty applied retroactively. If Doe wins, he will blow some serious holes in the targeting registry. Citizens for Criminal Justice Reform is raising money to pay expert witnesses for a follow-up class-action suit that is ready for filing.

But your editorial should have gone further in its criticism of sex offender laws. Keene has lately become the New England epicenter of vigilantism against this demonized group. _____ of Keene, a registrant and invalid, was shot dead at his front door last December. A front-door bludgeoning in October left _____ of Westmoreland with major head trauma. His attacker was looking for someone else, according to State Police. The next-door neighbor was a registrant.

It’s pretty easy to connect the dots here. But Keene and State Police have refused calls from Citizens for Criminal Justice Reform to take down the registry as a precaution, or even warn registrants they may be in grave danger. Worse, to my knowledge, the Keene police are the only ones in New Hampshire who post a user-friendly Internet map of sex offender registrants to help neighbors find them.

I must respectfully disagree with this part of your editorial:

“Given the recidivism rates involved in sexual assault cases, especially those victimizing children, there’s a lot to be said for keeping the public informed of legitimate threats. There does need to be some way for the public to be informed.”

That passage is bad advice and reinforces the dangerous myth that sex offenders have high recidivism rates. Former Assistant Safety Commissioner John Stephen urged the Senate Judiciary Committee in 2002 to post our registry online, saying only 16 of the 717 people who had been on the non-public registry to date had been arrested for new sex crimes, including three for indecent exposure and one for criminal restraint. Stephen assumed publishing the list would lower the rate even more.

Dozens of research articles confirm that sex offenders have the lowest same-crime recidivism rate of any ex-prisoners, a cumulative 1 to 5 percent in the first three years out of prison, depending on the state. The rate per year plummets after that.

There is also extensive research showing the public registry does nothing to lower recidivism, but makes registrants unemployable and homeless. The widespread vigilantism against them makes them even more likely to re-offend. It costs them wives and support systems. It keeps them on the run. It pressures landlords to drive them out.

Lawrence Trant repeatedly stabbed a Concord registrant in 2004 and tried to burn an apartment building with another seven registrants.

“I hope I’ve done a service to the community,” Trant told the Boston Globe. “These guys are sexual terrorists.”

A chanting Manchester mob burned a scarecrow on the wooden porch of registrant _____ in 2006. Huot was away, but her roommate watched from inside their home with her two young sons and a baby. That is life on the registry.

Victim advocates in Ohio see the problem. Rape crisis centers in Texas and Cleveland filed an amicus brief supporting the successful Williams vs. Ohio challenge to the Ohio public registry. Margie Slagle, the lawyer for the women, argued the shaming list perpetuates dangerous myths, creates a false sense of security, misuses police resources, harms and destabilizes former offenders and thus increases the risk of recidivism.

“Any argument,” Slagle wrote, “that Ohio’s (Adam Walsh Act) is simply a remedial law designed to protect children and the public from sexual abuse and sex crimes is seriously flawed. Ohio’s AWA is not based on empirical evidence or proven research, but on fear and misinformation.”

The Ohio law was similar to New Hampshire’s.

Chris Dornin

Founder

Citizens for Criminal Justice Reform

P.O. Box 3492

Concord

RI - Bill would make businesses rethink hiring sex offenders

Original Article

06/22/2014

By John Mitchell

The Rhode Island General Assembly passed a bill Friday that would fine certain businesses for knowingly hiring a child sex offender.

Target 12 broke the story that prompted action, and now, a new state law is in place to protect children from sexual predators. In the final days of the legislative session, the Alliance for Safe Communities was closely watching its bill about child safe zones.

“This all stemmed from Tim White’s investigation with the incident at Hasbro Children’s Hospital,” said Executive Director of the Alliance for Safe Communities Carolyn Medeiros, “where a level two registered sex offender was found employed there, knowingly,” by the hospital.

The Target 12 Investigators found _____ working as an electrician at Rhode Island Hospital and Hasbro Children’s Hospital. The convicted sex offender was labeled as having a ‘moderate risk to re-offend’ by the sex offender board of review. After the story aired, Hasbro Children’s Hospital reported that _____’s employment was terminated.

Under the new law, employers of safe zones will be fined if they knowingly hire a sex offender — including third party contractors — where the victim was a minor. Fines and possible jail time will be handed down to such sex offenders who apply for work at a designated safe zone, including health care facilities intended primarily for minors. The law is not retro-active, so while it was inspired by what happened at Hasbro Children’s Hospital, the penalties do not apply to that case.

“We looked at nationwide what was happening,” said Carolyn. “There are 20 other states with similar legislation in place, so this is about Rhode Island catching up.”

There is also an immunity clause, so an employer cannot be sued for not hiring a sex offender under these guidelines.

Injustice System

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Jerry Oldaker:
Eleven years ago after battling for about nine years in the courts against the local Child Protective Services it looked like I was about to win yet another battle. I was wrong, dead wrong. Early one morning while I was getting ready to leave for work a detective shows up at my door wanting to talk to me. As I was on the way out he said he could talk to me later.

I found out later once I had left he and another detective had entered my home and seized several items for an investigation. They took some Playboy magazines, my entire computer, and some videos they claimed later were pornographic (sorry they were not). I still have the paperwork for the items taken, although I got them many years later.

A couple hours after I had seen the first detective, another detective and him show up at my work place. They take me down for questioning. Once there, they claim my wife told them everything. I said, "Everything as in what?" as I had no clue. Apparently she had claimed I had touched my son on several occasions inappropriately.

When they said this I got very angry as no such thing has ever occurred. In fact I was sure they were making this up and it was somehow tied to the CPS case. When I asked for a lawyer I was promptly arrested. They also told me what they took and as soon as the FBI examined my computer they would have evidence of child porn as another charge.

When I went for the bond hearing the cops were in the other room getting the warrant for searching my house (after the fact?).

After about a year of refusing several plea deals, my "court appointed" attorney say we pretty much could not win this case. I said I don't want to plea to a falsehood, or any sex charges. I kind of on a wild rant threw out the possibility of taking one if it was not permanent and we could bring it back to the courts later once the child was older and we could call him into courts. He said there was, it was called an Alford plea. To this day I still don't know what Alford plea really means, and he never did it that way in the end anyways, even though that's what I wanted. I also got all sex charges dropped, though the judge still tacked on registration as a sex offender.

I didn't find out my plea was not retractable until I had five months in. If I had not asked to retract it then I probably still would not know.

So I was convicted in 2004 and in 2005 due to the plea thing being totally messed up somehow I filed a habeas corpus. I was pretty sure it would get thrown out immediately. To my surprise it was not.

Around 2009 I finally had a hearing and my new attorney had brought the now ex-wife to testify. I was furious as I did not want her slandering me yet again and jumped on him for even thinking of bringing her in. To my shock she admitted lying about the entire story, on the stand, in court, on the record. Admitted framing me and everything.

Well here it is now 2014, I have never heard a thing from the courts granted or denied, I still can't find a job because of this on my record which shouldn't be, and I am still having to register. I don't know what else I can do. It seems something should have been done.

FL - Innocent Victim

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Sloan44:
It is my wife that is the innocent victim in this case. I was arrested in 2000 for downloading six photos of a minor. My time has been completed,service rendered. I moved from Florida after time completed and met the most wonderful women ever,we married that year. The property we were to share our lives on was set in a small town in Ohio. I followed rules and registered at the local sheriffs office,only to find the property to be 86 feet shy of the 1000 foot rule. I had to find another place,pack and leave. These unjust laws just separated two newlyweds. I located a trailer park two miles away, I then registered it with local police. My wife,when we met,suffered from heart disease with three stints in her heart.She could not tend to chores on the five acre property so I was there to run the tractor and household repairs. I did visit her daily (Ohio law,at the time,could not prevent me from visiting) and she would visit at my place.One day after mowing the lawn the local deputies came to the door asking for me. That is when I was arrested for failing to register my address.The law claimed I was not living at the trailer park I registered under. I got out on bail and then presented proof to the police. I presented them with my rent receipt given to me,and dated,the day prior to my arrest.They would not believe me and would not drop charges. I hired an attorney, we went to the courthouse, and in while speaking with the attorney he would exit a couple times to speak with the prosecuting attorney prior to trial. He returned saying he got the charges down to "Attempted to fail registration" which was a misdemeanor. I said "NO I am innocent". That is when my wife looked at me with tears running and said to me: "Honey,I know your right but..my heart, I cant take much more of this". That is when, for the sake of her health, I bit the bullet and took the offer. I paid my fines and community service in that county of Ohio. There are many eyes and ears in that small town/county and we found it was ones down the road that made the charge. My wife and I spoke,I would leave first and she would follow. I notified the law, then relocated to Florida. My wife's family, property, is in this small town and,from time to time, she must travel there to handle matters. This recent time is when she had health problems. It was found that three arteries were blocked, one was 85%,one 90%. A cardiologist ordered a angioplasty. It was rough but after four hours, and extra attempts, they were cleared. Since we met she had other heart stints placed but this surgery made heart stint #14 and #15. And I could not be there. I could not stay on our property nor do I have the money for a hotel/motel. My wife fears that I may be arrested by the same county sheriff (Whom was out for blood the first time) will cause trouble again. She was released but the next day she was back in for severe pain radiating from shoulder to chest, and she remains there at this time. But again, the fear of being there and problems with the sheriff,( mainly her being in fear of my welfare ) I am unable to be at her side. I am in tears daily as she is as well. I would not doubt that some heart stints,needed to be inserted, were based on the pressure she went through regarding the registry. When we married the words of Matthew 19:6 were spoken. But that does not mean anything to the ones that make these unjust laws that hurt innocent family members of registrants. This sex offender registry must be abolished!

OR - I am ordained and sex offender

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Rev. Raymond Eli:
I did six years in Oregon prison system and found God while I was there and the church that ordained me still allowed me to be ordained even after I told them what I did. Next year is my tenth year and I have chance to be removed from the list. I already have a lawyer ready to work with me and I want to tell my story. With my faith I found a way to build a program to help more like me get better. And I want to counsel those of whom could use my help. Because I know I can change these people from being bad to good once more. I did it and I know I can help others do it as well.

WI - Help me

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Joey Oneill:
17 years ago I made a horrible decision, so absolutely wrong that to this day it makes me sick just thinking about it. I don’t like to talk about it, I coward when confronted with it. I feel like I have to hide in the shadows and hope no one will recognize me. I’m afraid most of the time. This is how I feel today 17 years later; I pray to god that he takes me away.

17 years ago I had consented sex with a 15 year old girl, her parents didn’t feel the same way. I was convicted of 2nd degree sexual assault of a child. I have never done anything like that before or since. I do not want to get into the circumstances of what happened, I give you permission to get all of my court records. I would like to concentrate on who I’ve become since then.

16 years ago I met my late wife; she was a beautiful and caring person that was my soul mate. We were married in 2002 for 8 years, we were together for 12 and we lived at _____ for them 12 years. She passed away in 2010 of breast cancer. I continued to live at this address for 4 more years; the house was foreclosed on 2014. We add a good marriage and we loved each other very much. For the last four years I have helped run a fundraiser to benefit a local breast cancer victims, we have raised over $15,000. I participate in the dragon boat races which benefits cancer victims, I rock for a reason which is another benefit for cancer, and I grow my hair to donate to locks of love. I have not been in any trouble for over 15 years, not so much as a speeding ticket. I have for the last 17 years done everything they have asked me to do. My sentence was 4 months in jail and 4 years’ probation which was completed in 2001 along with all the groups they had me go to and all of the fines that I had to pay.

I could not afford the house after my wife died and the kids didn’t make it any easier. When I received the letter telling me, I have to vacate the house. I panicked and told the truth on my last report to the sex offender registry; that I was homeless and that I was thinking about moving out of state which is just over the bridge, I didn’t move out of state but I am still homeless. I did not know that I was required to report once a week, once when I became homeless, I stay with family and friends and sometimes in my car, I never stay to long cause I don’t think it’s fair to label my family and friends houses with my label (sex offender). I cannot find a job or a place to live because of this crime I commented 17 years ago. Things were getting bad and I needed help so I contacted the department of correction to see if they could help me with some housing. I had just applied for disability and for low income housing. I was denied housing because of my crime and I could appeal but I needed proof that I was better, and the only proof I thought I could get was from the department of correction that’s why I contacted them. First I contacted them over the phone and the lady in Madison WI, told me that she had sent a referral to the DA, because I was non complaint because I’m supposed to report once a week because I was homeless. So I asked her if I should go and turn myself in, the lady in Madison said no but gave me another number to call so I called and that lady was not going to be in for a couple of days. My phone ran out of minute so I decided to go talk to her directly to straighten this out and ask for help with housing. I went to the probation office to get ahold of the second lady but the police came and arrested me did not read me my rights or let me make a phone call, the next day I went to court and the referral said that I have to report all changes within 10 days and they don’t believe that I am homeless because I have had no contact with the police. Now I am looking at $10,000 fine and or 6 years in prison for something I didn’t know I had to do. For 17 years I reported and if I had known that I had to report once a week once I became homeless I surly would have done so.

I just can’t tell you how much this is affecting my life, how tortured I feel. I know what I did was wrong and I’m very ashamed and sorry for what I did, but it was a mistake and I have paid for that mistake over and over again. I am not suicidal but I am looking for a way out because I cannot live this way for the rest of my life. Every time I have to tell people that I am a sex offender I die a little inside. I have tell people every time I go for job interview, move, or if I want to date. The depressions is getting worse, I can’t seem to focus on anything else. I am normally a happy person but I can’t see the end of this and I have thought about suicide, I.ve went so far as to right a suicide note, and found a weapon to do it with. But want to live and fight, but I need help with this fight.

Please help me