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National

CO: Judge tells man arrested in Aspen that sex offender registry is not punishment

A California man did not suffer cruel and unusual punishment or lack of due process after Aspen police charged him a year ago with failing to register as a sex offender. Full Article

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  1. cool CA RC

    This lawyer didn’t do his homework. There is at least 1 Judge that said it is punishment and the congresspeople say it is.

    • AJ

      @cool CA RC:
      There is at least 1 Judge that said it is punishment and the congresspeople say it is.
      —–
      I know who the judge is (Matsch), but where and when have any congresspeople called it punishment? Please cite your source.

      • cool RC

        sex offender laws are “civil … admits sex offender laws serve a punitive purpose,

        http://www.oncefallen.com/CivilVCriminal.html

        and
        http://www.oncefallen.com/quotes.html

        • AJ

          @cool RC:
          Your URL references, while helpful, do not support your original claim about “congresspeople” saying registration is punishment. Assuming the quotes are verbatim, a few ranting state legislators come quite close and at least one spoke personally, but from what I see, the quotes that indicate a punitive aspect come from courts and judges. Of course the courts that have found registry schemes punitive (ex.: State v. Williams, Doe v. Snyder) will be saying they’re punitive.

          So my question remains, what congresspeople (that is, people in our federal legislative body in D.C.) have made such statements?

        • kind of living

          Kool RC thank you for the links

      • cool CA RC

        my bad than…
        Maybe Once fallen can come up with couple better than I can…
        You up for it Once fallen?

  2. Anonymous

    The judge can say whatever he/she wants. Anything at all.

  3. Tim L.

    I pray the man demands trial by jury. Our founders understood a case is best made before the people themselves. Prosecutors often pick the low hanging fruit. If one makes waves and forces trial it gets expensive for them in time and effort.

    • Debo

      I do not see how this judge can make a difference either way he is charged with the crimes Not filing a motion to the court on appeal is he? His opinion doesn’t matter

  4. Not the way

    Yes, registry is punishment. But from what I read about the circumstances surrounding this case, this man is hurting the arguement, not helping it.
    He isn’ t exactly a poster child for registry removal, offense withstanding. By not following his requirements, he is painting all of us in a bad light. Again, the few making it hard for the many.

    • norman

      Thats right…the 5% screwing over the 95%…

      • Not the way

        That came across wrong. The point I want to make is that again the public and justice system group all RSOs as “the 5%”. This type of disregard for his requirements, as well as his current actions, are translated to us when we try to move on. I am in no way saying he is a menace or danger, but ANY action that brings negative attention to a cause is detrimental. I hope that clarifies my position.

        • Will Allen

          I don’t agree that people should promote “follows registration requirements” as a good thing. They don’t deserve that kind of respect. I think a person should follow the BS registration “laws” only because they are weapons that will be used against a person. Not because it is the “right” or moral thing to do. It should not be supported/promoted that a person is a “good” person because he/she follows his/her “registration requirements”. A person should make it clear that they are following the “laws” because they are forced to, and otherwise, F those “laws” and all people who support them.

          Frankly, I’d love to see all 800,000+ people who are forced to be listed just all refuse at once. That would be the best but too difficult to accomplish of course.

  5. TS

    While we all agree the registry is bunk, FTR is still on the books and is illegal in CO. He’ll most likely not be able to get out of this charge because he was beyond the time allowed to stay in CO without registering. A trial by jury or judge alone probably won’t help him on it, but he is innocent until proven guilty in a court of law (even in Aspen).

    However, for the other charges, white powder under the nose and modeling your birthday suit while under the influence…well, it is Aspen and it is a bit freer there, so maybe he gets drug rehab/therapy and keeps the county tyvex jumpsuit as a parting gift to stay covered up in such emergencies.

  6. Trish

    If banishment, post judging, ex criminals is not discrimination in as many forms as one can think of ….. especially vital societal issues….housing, jobs, safety,..not to mention all the legal/ which is really Illigal SOCIATAL BURDENS HEEPED UPON EX OFFENDERS …..Well ! Hell ! What else could you call this but PUNISHMENT! And more PUNISHMENT!
    WHAT PROOF DOES ANYONE NEED TO PROVE THIS IS PUNISHMENT? SOME THINGS NEED NOT BE PROVEN BECAUSE THE PLAIN FACE VALUE IS SUFFICE ! Would you not agree !

  7. Robert Curtis

    It is amazing how a random judge from a small remote part of Colorado can make such an impact on law without common sense or reason. There are only about 3 registered sex offenders listed in their area and yet for one of those three this moronic judge has nothing better to do with his time but to make life a living hell for this individual. What can we do to make this judge receive a no confidence NO vote this November? Is there anything we can do to challenge or appeal his ruling? A postcard to local residents in Aspen, Co. to vote No on this judge could be a start… How to best package it will be the biggest problem…

    • @Robert Curtis

      What is the beef here? The Judge was merely stating what has been stated over time (in CO Appellate courts according to the article) with the exception of Judge Matsch’s ruling stating otherwise being appealed at the 10th Circuit in Denver. RCs, associates, family and friends agree it is punishment given the data (me included), but the Judge was in his right on the bench (he is a former county assistant prosecutor as well). Had he stated the exception, it may not have gotten any traction anyway because this guy was beyond the 14 day window he had to register by. Sure the judge could have dismissed the failure to register charge and verbally dismissed the registry from the bench, but the charge may have been appealed itself and reinstated by a higher court.

      Mr. Webber’s atty is right about asking “when does it stop?” in reference to the registry’s impact. But as someone has noted here, he is among the 5% who impact the 95% of RCs who follow the law and thus, perpetrate the negativity and what is lumped together as recidivists. Mr. Webber is lucky he is out on bail to walk free for moving back to CA and not in the county pokey waiting for his Aug 6 court date.

      Send postcards if you like to the entire 9th Circuit of CO where he presides, but using this as the focal point of the postcards most likely will not do the movement any favors among the population except for those who are impacted by it. Since circuit court judges up for election (after their initial government appointment) or reelection are a Yes-No vote in CO, you would need to find other reasons for a No vote on a guy who has been there just over two years. Going after him because of the registry comment would be like the recent recall of Judge Persky in CA because the masses did not like his sentence given to Brock Turner. Both followed the law.

      However, like the passion for this you bring, Robert. It can be served well.

      By the way, Mr. Webber can probably count on losing his FB account now since it very well could be drawn to the attention of Mr. Zuckerberg’s staff’s attention for closing down. Hope he saves his contacts, those that don’t shun him like others have already in Aspen.

      • @Robert Curtis

        I’m not defending the judge in what he was saying was correct on the registry, please don’t misunderstand me. He was well within his right to speak as he did though. I do wish he had the spine to speak out against it like Judge Matsch has. Need more to do that.

  8. wonderin

    I’m estimating that close to three million registrants, including their families, consider the registry punishment and yet only a small amount of (insert here) don’t?

  9. Will Allen

    People should post comments at the article. I posted the following:

    There are literally zero people with brains who still believe the lies of these Nanny Big Government (NBG) criminal regimes when they say that the $EX Offender Registries ($ORs) are not punishment.

    There are also literally zero people with brains who think that it would protect anyone if this guy was listed on Colorado’s $OR. That would protect no one. But, it would continue to remind this guy that he has no obligation at all to be a decent citizen and that he should not care about other people. It would remind this guy that most people in the U.S. are scumbags who deserve nothing and no rights. It would make him want to hurt anyone who support the $ORs. That’s all. And I do pray that this guy very seriously retaliates for being arrested.

    People who support the $ORs are immoral, un-American, harassing terrorists who cannot mind their own business or leave other families alone. They don’t care about facts. They “think” with their emotions. None of us Americans need have any concern for the terrorists. But the terrorists do need to explain to all of us how it is even slightly conceivable how they have so massively failed to get the rest of their NBG Registries created. No national, public, lifetime Gun Offender Registry? Wow. I guess their “for the children” is nothing but a bunch of lies.

  10. 290 air

    if registration is a civil action then why don’t we just pay a fine and be done with it. I can’t think of any civil action where they can constantly change the defendant’s civil penalty. If i get sued and am ordered to pay $20K in damages they can’t come back down the road and say that they’ve updated it and now I have to pay an additional $10K. Why would they be able to do that in regards to sex offender registration? Our courts are just as tweaked as our politicians.

  11. TR

    Another stream of political correctness that has conditioned everyone to the myth of how the registry is not punishment and that it’s a safety thing which is not true because it has been proven for years that it’s a continuation of punishment simply because they won’t let go and leave them alone.

  12. Trish

    When a RC is forced to admit on a journal all personal information it is self incriminating ! When authorities can keep bombarding ex offenders with unrealistic and overly demanding restrictions after prison and call it non punitive, is unpresidented….never in American History has this been allowed at this scale ! What idiots allow the Law to Run Amuck and respond like this is justified and normal for this class of OFFENDERS !

  13. cool RC

    it not an punishment for adult but is a punishment for child.
    https://all4consolaws.org/2018/06/ia-supreme-court-registration-for-juvenile-sex-offenders-is-punishment/

    ummm

    we have children going to adult prison. That is not a punishment

    it gotta be interesting..

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