General Comments August 2014

Comments that are not specific to a certain post should go here, for the month of August 2014. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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And here were are on MONTH 11 following the hearing by the 9th Circuit about Proposition 35 emails…remember that? Yes, it’s been 327 days… way over 300 days and coming up on a YEAR since the hearing on September 9 of last year. What is going on?? All three justices have given opinions on several other cases that were heard after this case. In some, those cases were heard as late as May of this year! So what is taking them so long??

Yes, I fear the worst. The case was a classic open-shut case, especially with the eviscerating questioning by the judges themselves that should have been clear in how they would rule. So pardon my cynicism, I sense a huge wordsmithing operation afoot to justify the registration scheme.

Is there anyone at EFF or any contacts with the ACLU of San Francisco where we can get some more information on this?

Well, it’s August and this week I have the thrilling reminder of not only getting one year older but that I am on the Registered Sex Offender List! What a delightful way of celebrating what most consider a joyful day.

For me it is simply an indignity to be reminded of the day that the legal system screwed me over. Of the corruption and greed that exists in unprofessional lawyers. And makes my resentment toward my country grow that much stronger as more of my freedoms are taken away and I am victimized again and again.

Happy Birthday to me!

Anyone seen this?

Funny? Creepy? Illegal? Thoughts?

There is no more information on that point to be had from anyone but the court.

Frankly, let them take all the time they want. As long as they do, that law is on hold. If they uphold that law, it will be enforced, so no rush on that. If they overrule that law, the matter will be appealed anyway – to the very conservative US Supreme Court. In fact, I expect no matter what they rule, it will be going to SCOTUS. SCOTUS will be a harder sell than the Ninth Circuit — so the longer it is before it goes to SCOTUS, the better.

So, the longer they take, the better for registrants. Don’t be impatient; instead, applaud their delay.

Sex Fiends, Perverts, and Pedophiles
Understanding Sex Crime Policy in America
Chrysanthi S. Leon

From Megan’s Law to Jessica’s Law, almost every state in the nation has passed some law to punish sex offenders. This popular tough-on-crime legislation is often written after highly-publicized cases have made the gruesome rounds through the media, and usually features harsh sentences, lifetime GPS monitoring, a dramatic expansion of the civil commitment procedures, and severe restrictions on where released sex offenders may live. In Sex Fiends, Perverts, and Pedophiles, Chrysanthi Leon argues that, while the singular notion of the sexual boogeyman has been used to justify these harsh policies, not all sex offenders are the same and such ‘one size fits all’ policies can unfairly punish other offenders of lesser crimes, needlessly targeting, sometimes ostracizing, citizens from their own communities.

While many recognize that prison is not the right tool for every crime problem, Leon compellingly argues that the U.S. maintains a one-size-fits-all approach to sexual offending which is undermining public safety. Leon explains how we’ve reached this point—with a large incarcerated sex offender population, many of whom will be released in the coming years with multiple barriers to their success in the community, and without much expertise to guide them or to guide those who are charged to help them. Leon argues that we cannot blame the public, nor even the politicians, except indirectly. Instead, we might blame the institutions we charge with making placement decisions and with the experts—both those who have chosen to work in the field and those who have caused its marginalization. Ultimately, Leon shows that when policies intended for the worst offenders take over, all of us suffer.

30 Years Later, Key Figures Reflect On McMartin Preschool Case

The thing was that, apart from the CII doctors, none of the 124 witnesses called during the trial, or 800 exhibits in court, offered an corroborating evidence to support the prosecutor’s allegations.

Interesting article with a completely new view. That woman makes sense.

My son told me that before he gets out of prison he has to attend some kind of sex offender class or be evaluated for so many days. Does anyone know anything about this.And does it mean anything?

While at first look he might think this is a hassle but he should make an attempt to get as much as he can out of it. His system will be in shock once he is out, many years later he’ll realize that therapy is a great thing and listening to others issues will help him deal with his own, sex offense related or not. My 2 cents.

I would like to ask all of the legal minds and smarter-than-me people a question. I know a 288(a) if a straight felony, but is a 664.288(a) a straight felony or can it be considered a “wobbler”? I’m confused, my PD is confused and nobody has the answer? Is it discretionary? I’m in the process of felony reduction now, so that’s why I’m asking. Any supporting case law? Lewis, Marinelli, Tirey?
Thank you all and thank God for CARSOL.

Just came out of court today and was granted a 17(b) and 1203.4. I now have a clean record. My final step is the Hofsheier motion to request relief from 290 registration. The judge is objective, open minded, and she seems to have a heart.

I just want to let others know to always stay strong, have faith, and never lose hope. You will ultimately prevail.


Thanks for the response. I’ve been told that any 288(a) is a straight felony, including the attempted 288(a). What I haven’t found is any plain language in the statute that specifically includes “attempt” in the wording. In People v Lewis, Lewis was first denied 1203.4 relief because of a 664.288(a) conviction, but the appellate court granted that relief, citing that attempt was not in the plain language of the statute (1203.4) but that a straight 288(a) was. The courts response is very good, so I’m going to have my PD file for reduction on both charges, one of which is a wobbler, appeal if denied on the attempt 288(a) and cite Lewis. The principle is the same, so unless attempts are included in the wording of the statute and I’ve just not found it yet, it will go the the 6th Appellate Project in a few short months. I do not want to waste time or resources of busy people, thus my question and plea for clarification.

Hello Everyone, I Am putting a SO support group together in Bakersfield, Kern County. If Anyone wishes to help Me Achieve this Goal Please E mail Me
I Believe that if No One Wants to help Us WE MUST HELP each other…That Simple! Have Faith & All is possible. Sometimes it takes Just 1 To Have the Hootspah to “Just Do It”! Well I’m That Guy. So e-Mail Me & We can discuss Issues & ways to deal with them in a peaceful legal manner yet Get ER DONE! I have been Crime free since My release in 2002 & Plan on staying that way if You feel the way I do? WE Have something in common. Have a wonderful Day Everyone,be safe & Wise & I look forward to some Kern Resident E_Mails.
Respectfully, Bruce

Come on People IF Your On Parole I Get it,” No Contact” But If You Are not and in Kern County E-Mail Me There Are Things We Can do to support & help each other.

So many people were quit to jump on the father for the rape of his own child because of a past assault charge (NOT molestation as others kept referencing).

Many were quick to shout stranger danger as local law enforcement harassed local registrants.

Oh wait, it was a 17 year old “child” who wasn’t a registered sex offender. Oh and he was a close family friend no less.

How’s that Megan’s Law working for you?

Any state, any entity, any ideaology that fails to recognize the worth, the dignity, the rights of man, that state is obsolete.

More Media whoring by US Marshall’s promoting fear and a solution to a problem that doesn’t exist. The person who conceived this exaggerated hype probably has an attraction to little boys in baseball uniforms and is transposing his personal demons onto people who could care less about this tournament. It leads one to believe that these Marshall’s have too much time on their hands. We need to cut back on this wasteful spending which usually produces a few inane parole violations.

Sex offenders near Little League tourney checked

So finally.. this is it.. My student loan can’t be paid in full and now the student loan people is now approaching the Department of Education to enforce and garnish.
On the request of Review section 11.. When I borrowed this guaranteed student loan to attend #### (school), I had a condition (physical, mental, age, criminal record) that prevented me from meeting State requirements for performing the occupation for which it trained me.
This section seems to be the best bet in my case… At the time of enrollment my criminal record wouldn’t stop me, but since the laws escalated after I graduated… I am not “stably” employed to be able to pay this off..

Ran into an interesting situation recently. Anyone who is a registrant should consider the numerous problems with what is presented below. For family, friends, and close associates of registrants think about how harmful a negative reaction to the following scenario doesn’t solve anything.

As a registrant I believe it’s important to be an advocate for creating an environment where logical and non judgemental discussions can begin. Specifically on topics not openly talked about or subject matter talked about from only one side. Not all of these discussions would focus on sexuality, sex offenses, attraction, or other topics connected to sex, but most definitely would. Unfortunately because of the label placed upon registrants researching, watching, reading, talking about, or otherwise engaging with information about sexual subjects might raise some eyebrows among those close to a person if they discovered such information.

For example watching a few items on Netflix or hulu or Amazon via a t.v. A certain percentage of people will say the more mature titles available through the above services amount to soft core porn. However they are still all driven by a story, even if the project was so low budget the actors are unknown, each scene looks silly, and the story is so dumb that watching grass grow would provide as much entertainment. Besides despite being seen by some as erotic none of these titles were made to arouse.
I had heard about nymphomaniac volumes one and two so naturally I decided to see what all the fuss was about. The bulk of both films are the tragic tale of what one woman has been through in her life. In volume one she tells stories of her youth and early adult life. Volume two is the rest of her adult life right up to how she ended up where she had at the start of volume one. Being foreign films they are less concerned with more accurate depictions of nudity and sexual situations. That being said I found the overall tone both films to be boring. She describes herself as a nymphomaniac and one might think “hypersexuality sounds like an interesting thing to base a fictional story on”, it MIGHT be if done correctly. Instead in these films it becomes “how can the last thing be outdone”. Outside the ridiculous lengths the films go to outdo each previous scene they feature a few too many coincidences that shatter the remaining Shards of believability. The other film that prompted the response I got was a documentary about pedophilia. If asked I still couldn’t give anyone a sufficient definition of what pedophilia is or is not. The definition changes from country to country and professionals use the word under different contexts than the average person.

Basically I was advised to be careful about what I watch because it could give off the wrong impression. I didn’t start an argument or offer any explanation as to why I chose to watch what I did nor was I asked what my thoughts were on the movies. Which brings me to my point. Even if something as simple as a fictional story and a documentary are things that may upset others, how can society ever hope to really address anything of serious nature?

I was convicted of possessing child pornography, but I don’t have any interest in prepubescent children. Actually I don’t have much interest in doing anything remotely sexual or sensual with other people, at least not yet in my life. Should I have had such interest I would have dated, had a girlfriend, and somewhere along the line become sexually active. So far as of my late twenties that has not been the case. An unfortunate consequence of my conviction is the ability to remain completely ignorant to what things are and why. Prior to watching the two part fictional story I had no real concept of what a nymphomaniac was. Now I know a tiny bit more, at least enough to know just like most other things it is complicated. The documentary was slightly more educational and eye opening. Particularly the fact that pedophilia has no universal definition. Also how society no longer defines pedophilia using it’s original meaning. Which translates from Greek into child love. Not that I am condoning adult child sexual relationships, I am merely pointing out that such relationships were common at one time in history. However it should be noted these children were not prepubescent, but pubescent so in fact it was adults with teenagers. Which again I am not advocating or even suggesting there are no potential problems.

I have a question regarding taking my child to school. My child will be starting school at an Orange County California school this year and I will be going on school grounds to pick her up, attend parent meetings, all the regular stuff. Does anyone know if I need to let the school know that I am a registered sex offender? Does it matter that my crime was not against a child? Just want to follow the law even if it means telling the school officials about my 20 year past. Thanks to all.


I am in Orange County. RSO recently discharged from parole. I have lost all contact with friends. Unemployed, broke and struggling. Isolated. Looking to make changes. Looking for some support. A friendly face. A job. Counseling. Suggestions. Need to reintroduce myself to the human race. Email is Thanks.

I appreciate the comments to my question regarding being on school grounds of my young child. Especially useful was the penal code wording. I clearly need to inform the school’s principal of my past. It’s probably best that way anyway. If/WHEN a teacher or parent becomes aware of my status I don’t want them to panic, but instead feel confident about the safety of all. I hope the Principal and teacher will still treat us with the respect and friendliness we have enjoyed. It is a private Christian school so hope they follow the bible teachings as it relates to this situation. I fear at some point in my child’s 12 years of schooling they will be forced to address this secret about their father. I fear for their emotional protection. Aagh.


In 1997 I was convicted of 261 a 4. I received probation and community service. Since that time I received a 1203.4 that reduced the Felony to a Misdemeanor and then vacated the charge. I subsequently received a COR from a judge. My petition for a pardon is held up in the Prison Board Review because it is no longer a Felony. I am aware that a Governor Pardon is not only unrealistic, but would force more publicity on me anyway through the papers and will still show up in public records. Because of my past, I was recently let go from my executive job. As you are all aware, the Internet is making things harder and harder for my family and I and all of you.

Does anyone know if the DOJ has ever granted relief from the Megan’s Law Website, for items like mine that are not listed on the removal process request? I tried with the 1203.4, before my COR was granted and the request was denied. Also, I was wondering if any of you know how to get off of the Offender Website? Everything I find on these guys sends me back to deal with the Megan’s Law DOJ website, which I have not been able to obtain relief from. Every time I apply for a job, the hiring company looks me up on Google and the third item is I know CA Companies are not supposed to use my background against me, but even background checks now search for sex offenders. My credit shows good, because of the 1203.4, no convictions come back, and then bam, sex offender check, yes, listed. Does anyone have advice for using a reputation firm to push the bad Internet Sites down on Google Searches? There are many out there, all expensive. Any advice from you all is appreciated, I am at the end of my rope here.

Thank you,

Still Trying