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California

After sex offenders accused of killing 4 women, state bill would crack down on those who tamper with GPS monitors [UPDATED]

Following a high-profile murder case involving two Orange County parolees, state lawmakers are again considering more time behind bars for sex offenders who tamper with GPS monitoring devices. Offenders currently face a mandatory six months in jail for removing or disabling GPS bracelets. But under a bill introduced this year by state Sen. Pat Bates of Laguna Niguel, they could face up to three years in prison. …

Bates called the state’s current penalties for tampering with GPS monitoring devices a “slap on the wrist” and argued that elevating the offense to a felony would help prevent future crimes. Full Article

Updated: Sex offender GPS monitoring bills sail through state committees (4/28)

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  1. td777

    This shows just how ridiculous politicians get trying to exploit registrants to the public on these things. Anyone who has followed this case knows that tampering with the two accused murderers are not accused of tampering with the GPS device during the murders.

    • Anonymous Nobody

      Absolutely. I was just going to post and say the same thing. Pure political exploitation. And irresponsible and stupid at a time when we are trying to reduce drastic overcrowding in the prisons. This simply goes in the opposite direction of that.

      That case that was cited was actually a showing of how useless the GPS monitoring is.

  2. mike

    Yeah what bs the guys were actually wearing their gps when they committed their offenses lot of good gps did huh

  3. HOOKSCAR

    Just proves the arguments that registration, GPS and presence and residence restrictions do not stop crime.

  4. Clark

    That dude bates motel .. I mean from niguel ..Ooooh tampering..you mean like tampering with evidence after its presented ..? ..tampering like huddled in a back hallway conference removing evidence from record..??..tampering is an equal opportunity crime..even for some orange county court personnel wouldn’t you say bates..?..what are you going to do about tampering with evidence in your orange county courtroom bates..?….hypocrite coward cover-up tampering policy…?????…..make sure you put in that proposal that the state and local are to handle the device with costs, charging, and maintenance fully on state and local departments.

  5. anonymously

    I notice its another newbie with another pointless law or amendment to a law against registrants. This time its Pat Bates, fresh into office in Dec 2014. I also notice Chris Kelly is CEO of the New Leaders Council. Why is Chris Kelly so concerned with new leaders when it seems like the only thing on his mind when not pushing for internet identifer reporting for SO’s is other laws to maliciously hurt SO’s and their familes?
    Maybe he preys on new leaders and tries to bribe them. Letting Chris Kelly sink his nazi cyber-fascist, anti-‘human rights’ tentacles into you, as a new leader only shows potential for corruption and lack of backbone that a new leader should have to help, rather than hurt the populace and shows that as a new leader, you’ve already failed and should resign immediately.

    • Eric Knight

      Very simple. He wants in on the soon-to-be multi-trillion-dollar market for electronically monitoring everyone. As you all know, the edge of post-Constitutional dystopia starts with the sex offender registry, and all laws that come out from that. Just as Adolf Hitler initiated fear of sex offenders that became the genesis of the entire Nazi movement, with the ability to use the methodologies and technologies available at that time to monitor the citizens ( that means you too, IBM), Chris Kelly has partnered with several of his former Facebook contractors and vendors to create a database that was supposed to be used for monitoring California’s sex offenders. At that time, he knew that sex offender issues were not a major factor in the California legislature, as the only major laws have come through the initiative process.

      So he came across the idea of using the new flashpoint term, “human trafficking,” and created an initiative that purported to expand on laws. Funny thing, though, is that the initiative didn’t really expand MUCH on human trafficking, as there were (and are) strong, easily-prosecutable laws around all aspects of human trafficking, including kidnaping, using minors for prostitution, and coercing women and men into prostitution with physical threats. The ONLY part of the “human trafficking” initiative that would have meant a significant change was the email/Internet identifier law. And Chris Kelly knew it, and COUNTED on the fact that people would have been coerced into signing the petitions, then voting for, this initiative.

      In short, in people’s minds, they were voting for a law that ALREADY EXISTED, as for the MOST part, the people really didn’t care much about email addresses, they wanted to come down hard on the “monsters” who “forced little girls into prostitution.” But the REAL goal of Chris Kelly (who spent 2 million bucks of his own money) was to get that email law passed. Thank GOD Janice and the rest of the few constitutionalists we have left saw through that façade and got the 9th Circuit to render it invalid and unconstitutional.

      The bottom line: Adolf Hitler and Chris Kelly are one and the same person; at least with the same type of outcome. I don’t mean to say this lightly, but had Munich had a Wehrmacht Republic Janice Bellucci in the early 30’s, we may have had a different world history.

  6. Q

    WTF is this?!???!!!

    ” Orange County murder case demonstrated the need for tighter penalties.”

    You would think it’s pretty obvious that the Orange County murder case demonstrated the uselessness of GPS monitoring! But then again I would suppose that in a for profit justice system getting rid of GPS monitoring (no matter how obviously useless it is) would mean a loss of revenue; and by golly, nobody working off of the for profit justice system wants that!!!!!

    each time I think I have seen the epitomy of stupid someone always steps up with something even more way out there than the previous mental insult!

  7. A

    I’m afraid that after every day passes, I am losing hope that this will at some time be resolved. As I served my almost 10 year sentence, I watched in silent horror as the legislators and other powers that be, removed bits and pieces of my Constitution. I believe, the real damage began when the ca Supreme Court decided that a plea bargain in open court is no longer a contract. How convenient!
    How can people ever think that what is happening right now, the daily, if not hourly destruction of more lives under the guise of public safety, is an acceptable human practice?
    This is just heart-breaking.

  8. NotLikingCalifornia

    I’m a sex offender and I hate the GPS just as much as anyone. That said, everyone claiming the OC case shows how useless GPS is are making a false point. The men were discovered in large part by their GPS tracks. Granted, it did not stop the murders, but the GPS isn’t solely for the purpose of stopping crime. Everyone, including law enforcement, knows that GPS cannot stop someone who wants to commit a crime (other than serve as a deterrent). However, it can be used in aiding policing, which is exactly what happened here.

    We don’t help ourselves at all when we make poor arguments.

    I don’t really mind harsher penalties for tampering with GPS, but if there is a point to be made here, it is that this case doesn’t involve tampering at all. This is fear-mongering at its finest.

    • Joe

      Agree with the first part of your comment. Bad arguments not based on facts are not only useless, they may actually be counterproductive.

      I disagree, however, with the second part. For starters, these guys are not convicted of anything. When even we on this site discard innocent until proven guilty Lord help us all.

      But let’s say they did it.

      GPS is being sold to the public in the name of public safety, of preventing recidivist crime. Are other parolees subject to GPS monitoring or only 290s?

      GPS clearly did not prevent the murders. If it truly aided in solving crime the second, third and fourth murders would not have happened. If it is only effective to the point of making an arrest after 4 dead bodies it is not a viable solution.

      I am quite astonished that this is a GPS issue and not a system wide issue. I remember reading that the younger man had family support but had to live in his vehicle in the industrial area where he met the other defendant. Would 4 women be dead if they had never crossed paths?

      Would it be safe to say they would have never met absent the residence restrictions – designed to protect women and children?

      This is not a GPS failure. This is a system failure.

      • NotLikingCalifornia

        Hi Joe,

        I’m not sure I said they were guilty. I said that it aided in policing, which it did — it led police to suspects who were subsequently arrested. As you said, time will tell whether they were guilty or not.

        I grant your point that it didn’t stop the 4 murders, but (assuming, as you did, that they are guilty) it did lead to the arrest of murderers. It may not have stopped murders 2,3, or 4, but perhaps it did stop murders 5-??

        I do agree that GPS systems are unfairly placed (there’s really nothing to suggest 290s are more likely to commit murder than any other criminals), largely wastes of money (for every murderer that is caught, thousands suffer needlessly), etc.

        But that’s my point. Let’s make good arguments. Let’s not say that GPS is useless (when it clearly had the utility hear of leading to the arrest of murder suspects), but say that it is arbitrarily applied without evidence.

        We’re in a hard enough position as it is. I don’t think we help when we make poor arguments.

        Best wishes.

        • Joe

          I could not agree more that bad arguments are useless if not counterproductive. I comment on newspaper articles as much as I can and try (very hard at times) to stay civil. I provide logical argument, summary and details of studies and links to them. I spell check and use proper grammar. All that matters.

          But call me silly – stopping murder #5 is just not good enough if I, as a tax payer, pay for something that is presented as protecting the public.

          As @anonymously (April 27, 2015 at 3:26 pm) jogged my memory, there was something about DNA and gum.

          http://files.onset.freedom.com/ocregister/keegan/gordonCanoGJTranscript.pdf (p 17-19)

          And yes, these two guys did not even get on anyone’s radar until one body was found, complete with DNA evidence. Then LE went through some song and dance about gum and water bottles to collect their DNA. Why? Every 290 registrant must submit to a DNA sampling. Not? Only afterwards did they associate the suspect’s movement from the location of the victim’s last phone call to the dumpster where the body was found.

          I have not read the entire transcript but something is fishy with this story and how it is presented.

  9. sadandmad

    this is how megans law got started. some idiot wants to go kidnap, rape, and murder a little girl, and now EVERY other sex offender has to suffer.

  10. Joe

    I do not know much about parole. Can someone please enlighten me?

    I am under the impression that GPS supervision while on parole is part of the sentence for a criminal conviction. As such cutting off a GPS monitor is a parole violation which I would think would result in consequences for the violator. How can it be a new and separate crime – a felony, no less.

    Thanks in advance.

  11. ocguy

    It did not take freshman Senator Bates long to jump on the RSO Bandwagon. Nothing like kicking off one’s political career in a new place with a slam dunk issue. A few years ago she was front and center as an Orange County Supervisor when the OCDA was lobbying for the since then invalidated parks ban.

    Ironically she made the news after that as her desire to protect the children from roaming bands of dangerous sex fiends was somewhat tempered when it benefited her personally, or her personal friends.

    http://www.ocregister.com/taxdollars/strong-478868-county-waiver.html

    Is it possible she has forgotten?

  12. anonymously

    Joe said “would result in consequences for the violator. How can it be a new and separate crime – a felony, no less.”

    I also wonder how it is possible to get a 3 year sentence for a parole violation of a crime with parole for a sentence that could have been initially less than 3 years.

  13. anonymously

    Joe said in a different post “GPS clearly did not prevent the murders. If it truly aided in solving crime the second, …”

    It did not aid in the solving of any of the ALLEGED crimes. What purportedly solved these crimes was the finding of the last body and the DNA on file of every felon/SO in the DNA data. Police already had their DNA on file, thanks to prop 67. To make it look like GPS played a role in the solving of the crime, the police alleged they had to collect Cano’s discarded chewing gum, a newspaper article said. The initial buzz around this case was more accurate that the system needs to be looked at. Darryl Steinberg, then Assembly Speaker, I think was on to some similar points about a failure of the system and registrants being homeless and what that could lead to in rare cases. This analysis makes more sense than the recent buzz which is giving GPS credit for crime-solving it does not deserve and appears to be pork for tech entrpreneurs like Lifelock/ID Analytics, LexisNexis or FaceBook/Chris Kelly.

  14. anonymously

    Eric Knight, that was the most accurate well written posting I possibly have ever seen.

  15. HOOKSCAR

    GPS has been ruled by SCOTUS as a search and requires a warrant.

  16. USA

    Well, no one should be able to tamper or cut off their GPS. First, I’m not aware of the current laws regarding the use of GPS ankle braclets, but I’ve heard of paroles cutting them off. How could you get a job? Shower? Cycle? What if you where an avid swimmer? So, if not mistaken, I believe they should bd investigating those who where supposed to be monitoring these individuals/I believe their braclets where intact? So, why make harsher penalties? I believe that those in charge of paroles had a big meeting and realized they where overwhelmed with paroles/large case loads and this is also one of the reasons a tiered system needs to be instituted. Stop complaining and take action.

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