Comments that are not specific to a certain post should go here, for the month of June 2014. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Related posts
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Changes to be Made in Treatment for CA Registrants on Parole
Source: ACSOL The California Department of Corrections and Rehabilitation (CDCR) has agreed in writing to stop... -
RI: Cranston YMCA employee fired for letting sex offender on grounds
Source: wpri.com 5/16/24 The YMCA of Greater Providence (GPYMCA) fired an employee earlier this month after... -
TN: Tennessee will remove HIV-positive people convicted of sex work from violent sex offender list
Source: abcnews.go.com 7/19/24 NASHVILLE, Tenn. — HIV-positive people who were convicted in Tennessee of sex work...
A “no-knock” warrant was served by a SWAT team in Atlanta last week on a suspected drug house. Rather than identify themselves, the SWAT team threw a flash-bang grenade into the home which landed in a baby’s crib as the child was sleeping, burning the baby terribly. There was no comment as to whether drugs were found.
Once again, police out of control injuring an innocent child. This is happening all too frequently these days. I guess this time an officer didn’t sexually assault the child…
Tomorrow is Election Day. For those voters in Orange County it might be of interest that the OC District Attorney position is up for grabs. After several years of running unopposed T-Rack actually has a challenger!
http://democracy.com/DiamondForDA
While I am not necessarily endorsing this candidate I would vote for Bozo the Clown if he ran against the current OCDA. T-Rack, and his hench(wo)man are the ones who pushed the now unconstitutional – thank heavens and CA RSOL – parks ban all over the County.
A retrospective: http://www.orangejuiceblog.com/2014/05/a-rackauckas-retrospective-is-this-the-county-we-want-to-be/
It seems fairly obvious that the sex offender hysteria is the star to which the current OCDA has hitched his wagon.
It is also sad that they seem unawares that SO Registration is regulatory and as such not part of the sentence, but here is a statement from their PR department:
“A 57-year-old man was sentenced today to three years in state prison and mandatory lifetime sex offender registration for engaging in illegal sexual conduct”
http://orangecountyda.com/home/index.asp?page=8&recordid=4007&returnurl=index%2Easp%3Fpage%3D8
Orange County, represent! Make your voices heard. If you do not, don’t be complaining.
Thousands of prisoners apply for Obama’s drug clemency program
http://news.yahoo.com/thousands-of-prisoners-apply-for-obama-s-drug-clemency-program-014250109.html
Cant wait to see how many registrants get a break.
Some might find this bit of history interesting.
Dr. J. Paul de River was largely responsible for crafting California’s sex offender registration law back in the ’40s.
Of perhaps more interest is that he took his child bride to Mexico to marry her. She was 17 at the time and he was 35. No word on if the baby that popped out the next year was certainly conceived before or after the marriage.
If interested in the good doctor, Google “The Strange Case of Dr. de River.” Fascinating read.
Here we go…another month, and yet no decision on Prop 35. I really, really want to know what is going on. It is almost 9 months since the case. This is not good. Can anyone come up with the reason it’s taking so long? I’m really beyond hazarding reasons for this delay. I cannot believe that a decision is taking so long.
As I said before the way the justices were seemingly very one-sided in their conduct of the case, particularly with questioning and comments highly critical of the state’s argument, should have made this case a no-brainer. But what I fear is happening is that the justices have looked at the totality of their decision, the states that will be affected, and similar cases across the country, and they KNOW a decision in our favor will send SHOCKWAVES across the country. That fear is making me think they have backtracked from their original inclination to give us a proper, constitutionally-favorable ruling, and instead are trying to wordsmith the decision that essentially allows the state to force registrants to register their emails and user names.
I can NOT think of any other reason. I realize one of the judges had personal issues in December and, maybe, early January, but there should be no reason for any more delay. Please, someone get answers. I’ve done what I could from the Internet and calling the EFF, but am no closer to an answer.
And So to Fight Back without gettin’ sunk? I said self what to do? Well Hunter S. T. said” When the Goin’ gets Weird The Weird Go Pro,,, & set up My Lin Profile,,Hahahahahaha! & I’m sure I’m hated in some Circles there too I was infiltrated twice By some one in a network trying to talk Crap about Me & I deleted 1/2 of My network I Really did not Know or I felt was Not beneficial Or Positive. I have a contact That is in Mental health,A+ High Contact If I wanted,, I can talk to her about what ever I need to She is in a sex offender Group of Pro’s and is fighting for us on some fronts in that field,,I Know I’m Watched My Stats There tell Me Who and Where allot are such as fallows:21 people in info & Tech.,5 people from Washington DC,5 from LA,6 from London, 16 viewers from NYC 8 Authors 7 recruiters 7 EOH,, 7 founder CEO’s 6-7 writing and editing ind.8 author Publishers,19 business owners, 5 oil & Energy etc. etc. I have had H.S., lawyers, Every Body has seen My Profile & IT IS FUNNY & True,,,fer the Most part some I just add libbed their suggestions on skills and that Made it Even Funnier;-)Maybe someday a Leprechaun will help Me over the rainbow from the Dark Side of The Moon & I May find a Pot of Gold Who Knows? & You never will Unless You Try It. As long as it’s legal I’m In, the minute I see it gettin’ funky I’m Gone I do NOT NEED any MORE Problems,, So That’s how I handled It & believe it or not I have met some really Cool People & other Members of RSOL We Could even Start a Group There IDK??? There is only 1 I can join that is not locked & I think You Can Lock The Group’s IF You have the Premium Account & IT IS Monitored & watched,,Probably by that Group of Shrinks I was talkin’ about,HAhAHAHAHA…Definitely By LE of some kind I’m Sure.
I am just wondering…is there a section here that is specific to female registrants? After reading most of the posts, the overall tone suggest most of the posters are male.
I am a discretionary registrant, not on any public registry nor have I ever been subjected to any of the treatment others have received from probation or any law enforcement officer. So when I started speaking to my therapist about the recent news of board’s decision on the registry overhaul, she informed me that the low-risk assessment tools are about the men who take the static-99. Women don’t even take them. So I’m wondering, if there is a decision to relieve low-risk registrants based on this assessment tool that only men take, where does that leave women?
That leaves women SOL. A test designed for males cannot or should not be given to female offenders/registrants. Seems to me that all this crap is arbitrary and discretionary anyhow; those who give the Static-99R and those who score it can (and some do) put one into any category they so choose. We all know that a 10 question assessment isn’t reliable nor valid.
I think that female registrants ought to sue on equal protection grounds. Just my opinions.
now that CA ROL “membership” are growing.
Would it be possible to start a
protest like the arrest of Rosa Parks which ended with the U.S. Supreme Court ruling that segregation on public buses is unconstitutional.
or the Nashville sit-ins where over 150 students were eventually arrested.
What “little spark” do we need?
we may need RSO people willing to be arrested to make a point…
just an idea and let’s get this ball rolling..
I was planning a trip with an employee to Seattle in August. I called King County Sheriff and told them I would be there for 5-6 nights and I was told that was an okay amount without having to check in with the King County department. I see on the PDF from this site it is only 3 days? I am confused.
Has anyone been successful getting a Certificate of Rehabilitation with a 288(a) conviction? Maybe I am in the wrong place. Seems like everyone here has had no victim, been innocent or had a misdemeanor. My lawyer did mention trying for an expungement after ten years. It is now 14 years. That lawyer was very expensive. I just recently paid off the debts this has caused.
Hey Waiting…
Check Poeple v. Tirey and Poeple V Marinelli; both 288.a cases but Marinelli is a 664.288.a which is an attempt. Tirey says that a 288.a is eligible to file for a COR but I do not know if the new laws nullify Tirey. I’m not a legal mind. so you should look into those cases to see if they apply. If income for filing is an issue, you might qualify for public defender services in your county. Good luck and keep fighting, keep supporting CARSOL.
My poor typing and blatant laziness did leave of the () around the a. Yes, should have been 288.(a). Had coffee so I’m not so lazy now…
Now here’s an interesting story for your input, which actually did happen. While I was away in the mini-bar hotel in 2005, the youth pastor at the church I had attended had some kind of sexual contact with one of the 16 yr old girls. He was 30+, married, kids, etc. No complaints were ever filed…nada, pretty much just fired the guy and sent him packing. Here’s where it gets interesting; the police chief and another retired cop served on the church board. Aren’t they under obligation, along with the Pastor to report such conduct? Not judging, not accusing, not throwing stones, just curious.
Back in 95’here in California when I was at my “misdemeanor” hearing, I struck a deal with the DA and the Judge. I told my lawyer that if I agreed to the DA’s penalties, that I would not have to go on the “New” sex offender registry. My lawyer talked to the Judge and the Judge said it would be no problem that he would handle it. At then end of my summary probation and completion of my penalties, there was no registration required of me. A few years later, I had to remove my sister-law from our home with a Sherriff’s Eviction Notice. She was so angry that she went to the Local Police department and told them I was a Sex Offender. The Detective did some investigations and found my case. He then told me that I had to register as a sex offender. I had no choice but to register or go to jail according to the detective. I have been registering for the last twenty freaking years. I am angry. My case has been expunged and I have no criminal record. I wonder, should I hire a lawyer and have my case examined to see about getting off?
Joe,
Thanks for your input/opinion. I do understand why that church “problem” was taken care of in-house. What bothered me most was that the mandated reporter did nothing while I was away, enjoying bologna sandwiches at the expense of county taxpayers. Still a tad bit bitter.
A huge Thank You to all those who contribute so willingly on here. I’ve gotten so much benefit from other’s wisdom and experience and beyond that, even hope for the future. Looks like this may be a good year for a bunch of registered citizens.
Precedent set by federal appeals court in New Hampshire: Even though I’m pretty sure it’s legal to film the police here, this can still be a helpful tool if the police try to prevent filming by any means. It’s still somewhat weak (audio), but it helps.
http://arstechnica.com/tech-policy/2014/06/woman-charged-with-wiretapping-for-filming-cops-wins-57000-payout/
http://media.ca1.uscourts.gov/pdf.opinions/12-2326P-01A.pdf
I hope this can be used in California and someone picks up on this. I think the implication for registrants is that this can be a powerful tool during compliance checks or any other time a registrant is confronted by police
Input requested please!
I’m wanting some wise counsel for an upcoming hearing on July 14th. Here’s the deal; I filed a record clearance application and will have a hearing in court with probation and a judge. My charges are identical to those in Marinelli, 664.288(a) and 664. 288.2(b), the classic sting charges. I’m represented by a public defender in that county and they recommended I be there to give personal testimony in court. I’ve been a very good boy before and since my arrest and plea, no violations, no brushes with the law, no problems at all. I help others. volunteer my time, share what little resources I have and contribute as best I can to society. One private attorney told me that record clearance is MANDATORY in my case but I can’t afford him.
So, any suggestions on what to say, how to present myself, etc. I’d like to use this to help others similarly situated.
Does PC 288 relate only to offenses against minors? The victim in my was 22 (older than me) yet 288 is the first thing listed on any list of convictions including the Megan’s Law site. I do not believe it would make a difference in my requirement to register so I did not pursue getting it removed. but now, given my druthers, I’d rather not have it than have it.
Any input, as well as recommendations for an effective attorney is appreciated.
Anonymous;
The Record Clearance Application is filed “pursuant to Section 1203.4 PC” as stated on the application. This will clear the record, but not the punishment of the registry. That part is phase II of my plan. So, according to the county Record Clearance Application, it states the clearance is MANDATORY, if certain conditions are met:
a. placed on formal probation and fulfilled all probation conditions
b. convicted of a crime but not placed on probation or state prison, one year has passed, completed the sentence, and have obeyed the law.
c. Paid all restitution and fees.
A big yes to a & c, b doesn’t apply to me. If granted this record clearance “sets aside” a verdict of guilty.
There is a list of PC 290 sections that are not eligible for record clearance, however, the 664 preceding a 288(a) makes that eligible according to People V Marinelli.
Hope this gives enough information.
Ummm…let’s see. Registrants arrested for a new crime is at 5. something % and Recidivism Of drug offense Prisoners Released In 30 States From 2005 To 2010 Within 5 years of release is 76.9% rearrested, and now that guy from Kenya wants to let dangerous druggies out of prisons to corrupt the youth of this land while as many avenues of relief for registrants are being closed as quickly as as possible. It’s getting more stupid each day. 🙁
Another Obama administration reform plan: Shorter sentences for 20,000 drug inmates
Just a few months after announcing sweeping clemency program.
http://news.yahoo.com/obama-administration-backs-shorter-sentences-for-20-000-more-drug-inmates-195955521.html
BJS statistics
http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986
Does anyone know if public defenders can be sued for mal-practice? And a pvt attorney that would take it on contingency or pro bono?
I’m going for my COR thur a PDs office, and I don’t think the PD assigned to my case is doing anymore that filling ot the form and submitting it. Something that i could have done myself.
This seems doomend to fail from the start.
OK here’s another one. The Sex Offender Management Board says that the registry is overcrowded and needs to be thinned out. I wonder if that thought process or information works its way down to the courts and influences them re their granting Certs. of Rehab?
Then there is the logic that if you are not on the Megans Law web site, you are deemd, by operation of law, to be such a low or no risk to the public that they have no right or need to know about you as a registrant.
On top of which you have had your case dismissed under 1203.4 another indication that it was a minor offense (no pun intended) in the frist place.
So my question would be, what’s the reason that they are so hard bottomed on granting the COR for THOSE?
http://www.latimes.com/local/la-me-anonymous-petitions-20140617-story.html
“In the context of political speech, it is important that a writer be permitted to be anonymous to prevent others from prejudging the writer’s message based on personal dislike, the majority said.”
If I’m reading into this correctly, I think that this is an excellent sign of the eventual outcome of the lawsuit pending against Prop 35, which essentially makes the same case that the majority concluded here.