General Comments September 2013

Comments that are not specific to a certain post should go here, for the month of September 2013. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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I found an interesting case that may give some a very slight ray of hope. People v Lewis (2006). I am not a legal mind so don’t get too excited. Seems Lewis was charged with a 664.288a and because it was an “attempt” he filed for the case to be expunged. Superior court said no, he appealed and won. From what I gather, certain conditions must be met:
1. the 288 charge must be attempted (664) and a “wobbler”
2. sentence can only be probation, no state prison
3. successful completion of probation and payment of all restitution and no violations.
Once again, I’m not a legal mind but I had an attorney explain this to me so all is not lost. I’m curious about the outcome, but far from hopeful. Not too much excites me any more.

So while clicking around the internet I came across this old article

RivCo supervisors approve enhanced system to track registered sex offenders

he Riverside County Board of Supervisors today approved the implementation of an enhanced system to track registered sex offenders and advise residents when one moves into their neighborhood.

Supervisor Jeff Stone introduced the Sexual Predator Identification in Riverside County Via Internet Tracking — or SPIRIT — program, which will be maintained by the District Attorney’s Office at an annual cost of $24,500. … July 2010

I do not see it on the RCDA’s web site. What happened to it? What happened to the money?

Thanks Anonymous for clarification. So really an SO’s expungement really isn’t an expungement like other expungements? I wonder if that has been tested in court? If others whose cases are expunged are free from all penalties, then isn’t it a violation of equal protection to relieve all others yet keep that registration punishment just for a chosen few?
Another question then; do you know of anybody who has had their felony reduced to a misdemeanor and then been relieved of the duty to register? How about successful exclusion from the internet?
I’m trying to formulate a plan of attack, I hope to hit the lottery soon so I can afford an attorney!

So now the Judge in the Montana teacher student sex case has ordered a re-sentencing hearing! While judges orders are often overruled, this is the first case I am aware that a judge overrides himself and entirely based on public reaction. What a circus this whole country has become! Bring out the pitchforks and light the torches.

If I were a lawyer I would fall over myself getting my card to this defendant for his appeal after he is re-sentenced. But who am I kidding – I simply have to stop clinging to the law and the Constitution and pesky things like that.

On another note, I got tired of pointing out on discussion forums to the morally superior mob the difference between rape and Intercourse without consent, per Montana law. I guess if you say it often enough and if it sounds right enough in some twisted horrible way it must be right…

@ legalbeagle, thanks for the clarification and direction. I’m not going to dump a chunk of change on an attorney at this point, still doing my research. What I have found encouraging in v. Lewis is that the court determined an attempt (664) is in fact different than a completed offense. To what degree, I guess I’ll find out.
My plan at this point is to try to get a reduction to misdemeanor, then expunge, then exclusion from internet disclosure. You’re far more versed on the legal aspects than I am so your input is welcome. I’ll give you my email if you’d like to correspond directly.
Just a side note, I do hit that donate button every month and as I prosper that will be reflected in the donation to CARSOL.

I agree with the comments before me. The Registry itself is unconstitutional. They are getting away by calling it a civil action and non punitive. They use it to make expostfacto laws. Unconstitutional laws. If this is not punishment then probation is not punishment either! If they can control one group of people they will go after another. What’s next concentration camps? Adolf Hitler did it!. These laws and registration need to be struck down.crime and punishment are supposed to be handled at sentencing. When probation is over its supposed to be over not trying to disguise it as a non punitive civil action. All SO get your head out of the sand.We are United States Citizens. We need to fight for our rights! Everyone who is not a S.O. think about your rights what may seem like a good idea now can affect your rights in the future. Politicians will do anything to get elected. They have been kissing baby’s for years and screwing the public once in office. Its easy to pick on a group of people that the government has grouped as one from the least of the offender to the worst of the worst.punishment is supposed to be administered at sentencing. It is not supposed to keep changing without notice whenever some wants to. We need to fight these people. Talk to a Lawyer. Let’s get some lawsuits against these politicians. S.O. have done wrong but nobody deserves the ongoing and ever changing punishments.

Last week I had to go pick up a prescription at the pharmacy. While waiting in line I studied all the signage regarding HIPPA and patient privacy.

That must be something that does not apply to the State as they publish someone’s surgical scars or disfigured body parts on the internet.

From the President’s speech on Syria tonight:

But when, with modest effort and risk, we can stop children from being gassed to death, and thereby make our own children safer over the long run , I believe we should act.

I wonder how the tens of thousands of dead children in Iraq would respond to that – that it is not so bad getting killed by good old fashioned bombs and bullets? Or children in Vietnam – that poison gas is okay as long as the ‘good’ guys are the ones dropping it?

Don’t get me wrong, I like children (well, my children), but please! Is this cheap rhetoric the best he has? I think we deserve better.

Can someone enlighten me on something thats been bugging me for years.. Since Halloween approaches and the battle of signs upfront begins again… I have been wondering.. How does anything protect the children? Seriously I was abused by a relative behind close doors of a family.. How doe any law protect any child from family? The children at church, children at school, children molesting other children in a bus… Its like every child needs to be visited by social services on a weekly basis to make sure they were not molested, but who is watching social services? Since they molest children too… its like trusting a crackhead to watch 50lbs of coke…

A campus bill targeted at “publicly outing” 290 registrant students on Fresno State University’s campus was rejected this week.

posted Sept. 18, 2013:
Student legislation demands admin at public university identify sex offenders on campus

“The bill calls for university administrators to post announcements around campus, inform students in a class with a convicted sex offender, and create a public registry page on the official school website.”

Thankfully this was shot down by a majority vote of student senators that felt this was unconstitutional. This give’s me hope that our future generation will give these same considerations when looking at fear fraught legislation.

posted Sept. 19, 2013
ASI: Sex offender resolution rejected

“How does this [resolution] avoid discriminating against what is now, in the federal government’s eyes, a protected class?” she (Student Senator) said. “If we’re ruling this, we are discriminating against a class that we’re presuming will be re-offending. In essence, we’re basically saying that they’re guilty until proven innocent.”

Mike, That’s actually good news, or at least somewhat hopeful. I’m from that general area and got my MA from Fso State. The quote by the student senator shows a bit of wisdom and individual thinking. Thanks for posting.

An incarcerated friend of mine has asked me to post an essay he wrote to forums interested in the topic.
The essay is titled “THE POLITICS OF FEAR AND IGNORANCE: Political Agendas at the Expense of Public Safety”
It is three pages long. A sample follows, if you wish to read the full document the pdf can be found at:
It is also available on line at:
The low recidivism rate of convicted sex offenders oddly remains a secret in today’s society. In McKune v. Lile, 536 U.S. 24, 33 (2002), the United States Supreme Court cites to the DOJ’s 1997 report on Sex Offenses and Offenders for the finding that all sex offenders have a “high risk of recidivism.” Yet this report finds the recidivism rate of released sex offenders for new crimes as 7.7%, and that rate is the second lowest rate of recidivism of all released offenders in the study. Also cited by the High Court for this apparent “high rate of recidivism” is another 1997 DOJ report on Recidivism of Prisoners Released in 1983. Interestingly, after making an inquiry to the DOJ, no such report was released in 1997.
In Smith v. Doe, 538 U.S. 84, 103 (2003), the U.S. Supreme Court zealously upheld a sex offender registration and notification law by ratifying the Legislature’s findings that all sex offenders, as a class, have a high rate of recidivism without first independently verifying those facts.
Without those unverified legislative findings, it would appear that the sex offender registration and notification laws would have been decreed unconstitutional. That would have called into question the constitutionality of all sex offender registration and notification laws across the country. The entire opinion of Smith v. Doe relied substantially on the unverified or otherwise affirmative misrepresentations about sex offender recidivism.
When a constitutional right is at stake, the usual judicial deference to legislative findings gives way to an exercise of independent judgment of the facts to ascertain whether the legislative body has drawn reasonable inferences based on substantial evidence. Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 666 (1994). Quoting from non-existent DOJ reports and making affirmative misrepresentations of fact from existing reports is not an exercise of independent judgment based on substantial evidence. It appears that a political agenda encouraged a desired result rather than a just and accurate one.
Legislatures and courts around the country are now making serious decisions about laws based on the U.S. Supreme Court’s affirmative misrepresentations about sex offender recidivism. Why must the truth be a pliable commodity in this country and be distorted to fit political agendas? The politics of fear and ignorance remain the order of the day.

Heck yeah….@George Mead …your friends writings are always welcome here…especially on point…very good…
thank him ..welcome him….excellent stuff…excellent …
‘the political agenda’ are the blinders that keep the truth accurate and fair treatment to justice from being allowed to work….orange county will get you guilty by corrupting the trial…their political agenda isn’t the truth ..its to get people guilty and they will cheat the system to do so.

We register to vote as if that works if it did it would be banned it is a farce on All Sides starting with 2 IMO. Then We register for school,vehicles,hunting, fishing,every thing is REGISTERED Here’s a Rookie Question WHY SO MUCH REGISTRATION When did it begin & WHO did it start with? Yea Go back to History & You will See the truth of “REGISTRATION” it is a form of Religious or political, social Castration & Control! Period being Civil has nothing to do with it or WE wouldn’t Need Janice…LOL… Oh & You Pay for it one way or another. Ask Janice how much She has to Pay to register with the BAR & stay Compliant so She can Help Us…Yea it does cut deep into the fabric of Our Nation Has totally destroyed it at the family Unit IMO. But Who am I? Nobody a Ghost dead man walkin’! No Lawyer? No WAY You would ever win Unless You are 1 even Then? I do Know that it all is based on the $ & That is Soooo Weak to place humanity under a piece if printed paper that is no more valuable than Charmin TP! So What are We worth ? Depends on Yer Reward…You’ll have to register somewhere to receive it.
Registered Rat now they will find a way to register Every One we already Are.

I agree. We have, for whatever reasons, evolved into a society that feels punishment is the best and usually only way to solve problems. It doesn’t work. Look at the drug war and all the misery it has spawned. Punishment has a place, but we also need rewards for doing the right thing. By rewards, I mean acceptance. Adding restrictions to ones life, based on a past misdeed, for which you have corrected your behavior— that is the registry. And if you complain, the response is that you are lucky you are not in prison! It gives the message that despite what you do, you are a bad person. This is not good for anyone and it is hard to see how civil society can long survive in this environment.

So the US government is shut down due to lack of funds…perhaps if they stopped wasting money on useless things like illegally monitoring the movement of hundreds of thousands of US citizens who have long since paid their debt to society and putting them on a “hit list” they could use that money for paying the bills!

Just an idea!