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Janice's Journal

Janice’s Journal: David Slays Goliath Again

Like the young shepherd who battled the giant Goliath, Major David Ellis slayed Charles Rodrick in federal district court this week. It was Ellis’ second court victory against Rodrick, who is the owner and operator of a series of websites including three websites which identify more than 750,000 American citizens as registered sex offenders regardless of whether they are currently required to register or even dead.

Rodrick’s websites at one time required individuals to pay up to $500 to have their name, photo, home address and other personal information removed. In addition to preying upon registered citizens, Rodrick also preyed upon people like Ellis after they helped registered citizens. Specifically, Rodrick falsely stated that Ellis had committed felonies such as falsifying tests results on aerospace equipment.

Following a three-day trial this week, the jury decided in Ellis’ favor and granted him $325,000 for damage to his reputation and physical suffering. The jury’s verdict will serve as a foundation for a request for an injunction to be submitted this month to the judge. If granted, the injunction could permanently shut down Rodrick’s websites.

During the trial, Rodrick revealed that the information he posted on his websites about registered citizens was taken from another website, National Predator Database, without payment. He also revealed that he did not attempt to verify the information he took which he later found included individuals convicted of crimes such as robbery and murder.

Also during the trial, Rodrick revealed that he is currently under investigation by the FBI. In fact, the FBI has already served a search warrant upon Rodrick which resulted in the FBI’s confiscation of seven computers, several thumb drives and hundreds of documents.

This week’s trial was the culmination of a lawsuit filed more than three years ago during which more than 400 documents were filed. This week’s trial also followed an earlier lawsuit filed by Rodrick in state court which claimed that Ellis and others had harmed him after Rodrick’s name, photo, home address and other personal information were posted on a public website. The defendants in that case successfully filed a counterclaim against Rodrick in state court and were awarded more than $1 million in damages in September 2014, which have not yet been paid.

The question is: when will Rodrick learn the lesson that he cannot continue to post false and harmful information about others, including registered citizens, on the internet? The answer is: if he hasn’t learned that lesson yet, he could be facing a new lawsuit soon.


Jury delivers $325,000 verdict against sex-offender websites owner

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What about the other plaintiffs? Obviously, the jury didn’t side with either of them. The only thing I took away from the decision is if you are charged with a sex crime and not convicted, or if you are the mother of a registrant, the US District Court of Phoenix doesn’t believe you are worthy of protection. Good for Major Ellis but it suck for the rest of Chucky’s victims.

Derek, you and I see things the same way. So often the other side spins stories to demonize RSO’s, then our side does the same to skew things to look like victories. This is a prime example. It was a win for Ellis, but a major loss for the RSO’s. I get so disgusted with celebrating these little victories. Why? Because it never resolves the big issue. Not to mention if a law is defeated, it is altered and resubmitted to the legislature and often passed. So in the end nothing is really accomplished. The fight is for SORN and the root beimg the false premise of high recidivism. Even when some challeng those things, the attorneys don’t utilize all the information available, so the big challenges are unsuccessful. So we continue to endure injustice. It is unbelievable for us who live in this subsection of society. That is my problem with the ACLU and others. They put on this persona of being fighters for the little guy, for the oppressed, but really they seek notoriety and have their own agenda. How else can they explain that they fight with a full spread of docmentation for little battles and lawsuits, but fail to do the same on the fights that actually could change things for our community as a whole? In fact, I have letters from the ACLU stating they only take on cases they are sure to win or have a certain level of infamy. One time I had twenty five plaintiffs in county jail who were not being allowed showers and being fed regularly while luving in cells that were unclean often wuth other people’s fecal matter and blood as well as rotten food and mold on the walls and floors of the entire pod. That was our reply. Each and every one. Yeah, that is pretty diplorable if you ask me.

Agree 100%. What victory. Battles don’t win wars. Killing the enemy wins wars. Afghanistan taught us that. We must completely defeat our enemy anyway possible. Guerrilla warfare, intimidation, all out aniallation. Whatever it takes.

I spent quite a bit of time trying to figure out what to say in response to this post. I found your response to be the best. This is a very self serving post, that’s what I got out of it. It also kinda angers me that there is no mention of the other two plaintiffs and the major sacrifices that they made. I understand that the truth might hurt the cause… Fortunately we do have one last resort and that is the FBI. If we are to see anything actually accomplished it will be because of the hard work that the special agent is currently doing. Unfortunately there seems to be a battle for a true leader in this cause and that seems to hinder the movement. I personally feel if you want to get anything done, do it yourself, if you can get a bit of help along the way utilize it but don’t depend on it. A true leader cares only about the cause and not their own personal agenda.

Rodrick appears to be hiding behind a loophole in section 230 of the Communications Decency Act of 1996. The loophole is that he can create other websites, post the information there, then repose the same information on another website he owns. He can also utilize Oesterblad to write something, then post it himself and visa versa.

“Also during the trial, Rodrick revealed that he is currently under investigation by the FBI. In fact, the FBI has already served a search warrant upon Rodrick which resulted in the FBI’s confiscation of seven computers, several thumb drives and hundreds of documents”

Wouldn’t it be poetic justice if the FBI found CP on Rodrick’s computers?

I was thinking the same thing.

You guys don’t see the big picture. Continue to live in your negative world and feel sorry for your self, and most of all remember what got you here. Janice does see the big picture an is why she is fighting for our constitutional rights as well to education the rest of the world we are not all the same and should be seen as such

Please explain the “big picture” to me then. I see a game of whack-a-mole. While individual battles do need to be dealt with like Janice does, I don’t see the tide changing yet.

Perhaps since she can now fight in the Supreme Court, there is a case she can fight there and change the tide. Which one though? Is it the scarlet letter on passports? Or is it a real challenge to the entire thing by attacking the registry as a whole and failure of due process for everyone?

Please fill me in.

Folks reading this. This is Major David Michael Ellis, USMC, (ret). Also referred to as the “General”. To be honest up front. I injected myself into your world first because I do not like bullies nor felons whom claim that they champion a cause. Make no mistake, that the battle against RODRICK and OESTERBLAD, and the ilk that they work with is wrong on so many levels. They ARE former felons, you all are former felons on some level or another. But, you all are CITIZENS, of these United States. You payed your dues and should be allowed to move on. A Felony is a matter of moral turpitude. Most have noticed that Rodrick (Gilson) and Oesterblad DO NOT show up on any mugshot website anywhere.. This costs them a lot of money. They want to extort others based on a “class”. You all say to yourselves.. “what the Hell?”. I agree. Ms. Janice.. does all that she can to right these wrongs. In this past Federal Case in the AZDC system, I asked to be joined. My tactical knowledge of the situation dictated that a injection of strength be portrayed to make it a WIN FOR ALL.
Let OESTERBLAD and RODRICK “spin it” anyway they want. They have NO IMMUNITIES under the laws of the United States. So this WIN, is a significant win against idiots who think they can yell “fire” in a crowded theater. That is the BIG PICTURE. SO if your reading this and have become a reformed productive member of society.. continued on your path of being a citizen.. GREAT. I made an oath to up hold and defend the Constitution of these United States to protect Citizens from all enemies foreign and domestic. As far as I’m concerned the terrorist racket that Rodrick and Oesterblad have formed needs to be eradicated. That IF THEY want to continue on the path of “name them shame them” .. They too need to be shamed for the lack of moral turpitude they both exhibited in their lives.. Gentleman and ladies.. They are no better than you.. on so many levels. Hold YOUR heads high. Support Ms. Janices cause with ALL that you can. I believe in her. She is an activist you should be proud of and support.. IF ONLY TO DO ONE THING. Put Rodrick and Oesterblad in PRISON again for violating your rights as citizens.

Absolutely amazing! Well said Major. Thank you for such encouraging words.

Major David Ellis and Janice, thank you for your hard work in gaining a high-profile win against a financial predator of RCs. Major, we are honored to have you on our side.

The guys who wrote negative comments like “disgusted with celebrating these little victories” and “Good for Major Ellis but it suck for the rest “ and “never resolves the big issue” imply that if we focus only on their favorite solution–like fighting SORN or wins in the Supreme Court or whatever—-that will end the war against RCs.

You are ignoring the fact that legal victories like this one are a vital part of our success in this war because they make our lives more tolerable in the short term, and encourage us to go on fighting.

Legal victories are only one front of attack in this war. We must fight on MANY fronts: telling our stories to family and friends and others so they understand we aren’t monsters, writing letters, making calls, going to Sacramento to fight bad bills so they can see we aren’t monsters, challenging city regulations, donating to CA RSOL, posting comments, and others.

The core problem driving the creation of anti-RC bills and websites is that we are fighting a huge war of perception. The public has been brainwashed for decades by politicians to think RCs are all inhuman monsters that must be closely restricted. This causes the public to vote for politicians who beat up on us. It is a vicious cycle.

Black Americans have been fighting this kind of war of perception for hundreds of years. They were considered less than human for centuries, which allowed white society to restrict them in any way they wanted. It took blacks a century after the civil war to get basic civil rights, and today they are still fighting discrimination. They fight on multiple levels.

Instead of making negative flaming comments no matter whether we have a win or a loss, try complementing those who have worked hard. Encourage them, don’t tear them down with “armchair soldier” intellectual arguments.

If it weren’t for those fighting hard for us, our lives would be living hell of residency and presence restrictions, wearing GPS, putting big signs in our front yard on Halloween, and many other bad bills and laws Janice has won for us.

It will be a long war for us. Let’s keep fighting on multiple fronts, and encourage each other as we battle.

Thank you, Maj. Ellis, for reminding us all of the “big picture”. We need to work together to stop the Pendulum of Punishment that has harmed so many for so long. It will take a l-o-n-g time to stop that pendulum and therefore I urge everyone to remember that this is not a 100-yard dash but instead it is a marathon (26.2 miles).

Janice, what you do is amazing and I wish we had someone like you here in Texas. The battles you have won will hopefully set examples to help those in other states as well.

That being said, I still wish someone would explain to me how the marathon can actually accomplish the goal of getting rid of S.O. and other registries that only serve to harm and do nothing to protect citizens. As a former high level IT manager and chess player, I’ve become pretty good at seeing cause/effect and figuring out how things play out in the long run.

With this issue, challenging every addition to the restrictions is absolutely needed. No doubt about that. If the next step is to nibble away at existing laws, then I am afraid at best we’ll get back to where we were during and shortly after Doe V Smith 2003. We’ll have made registries just less burdensome enough that any Supreme Court challenge will again side with the lawmakers and the burden placed on offenders will be seen as minimal enough that we should just deal with losing some constitutional rights even if it is only a placebo to make society feel safer.

I would assume the best time to strike at the core issue is now, when the high court shouldn’t be able to gloss over all the recent absurd news stories of homeless sex offenders due to residency restrictions and the additional branding our passports with a mark of shame.

I know you are very busy, but if one of your future posts could paint a picture of the course that will be taken for this marathon to be successful it would be much appreciated.

Thank you for all that you and your supporters do.

data and evidence are piling up on our side… the new Journal of Sociology & Social Welfare, June 2016 article “Grand Challenges:
Social Justice and the Need for Evidence-based Sex Offender Registry Reform”

First thing to remember is that the high court has already ruled that the registration is legal and not punitive. It will take a very unique case to get SCOTUS to even consider this issue again. SCOTUS does not have to ever accept to rehear this case again. They agree to hear very few cases each year and getting them to rehear a case that they already decided will take a miracle. It is not our choice if we want to fight the registry in the SCOTUS, the choice belongs solely on SCOTUS. And since the public is against us, SCOTUS is unlikely to want to hear this issue or rule in our favor. I could just imagine the public outcry if the court ended the public registry before the public became educated and sympathetic to our cause.

One of the best ways to get the SCOTUS to hear a case is to have a circuit split.

Those rulings were back in 2003 when registries were much less punitive. The argument against it being a “Due Process” violation in Connecticut V Doe was based solely on the fact the government was merely providing a list of publicly available information with no inference that an individual was presently dangerous.

That argument became totally invalid the moment after Connecticut won that case when laws were created against those on the registry and different “tiers” and durations were established. The state can’t now say “Hey, we aren’t letting these people near schools, in certain jobs, and aren’t protecting them against discrimination from employment or housing but that doesn’t mean we are saying people on this list we created have any potential at all to be dangerous”.

If a proper case is put before SCOTUS, they have a team of people (3 or 4 per justice) that research and offer opinions to judges before a determination of which cases will be heard. That team is made up of newly graduated law students, and thankfully, not politicians or news media. Since I have never seen a law student that researches the issue of Sex Offender registration come to any conclusion other than the ones we come to, I am not worried the case won’t receive the attention it deserves. This is especially true if there are enough plaintiffs on a class action where a SCOTUS opinion is imperative.

I would hope if this does make it to SCOTUS again, that the justices allow a “friend of the court” brief from Sex Offender Treatment Providers with arguments and recommendations for how the case should be decided.

Chris F… It’s information and knowledge like this that enlightens citizens as myself to be encourage that there is hope. With all those who support this war in a possitive way and with people such as yourself and Janice taking on one battle at a time can eventually mount up in preparation for the greatest battle b4 us…SCOTUS. Thank u Chris F for an informative and encouraging post.

I think the greatest battle is with public perception and agree with I Support CARSOL, I can imagine the public outcry for the justices to resign if they claimed registration is unconstitutional at the present moment. I am not being defeatist here, just thinking we need to consider the whole social ecosystem that has developed around these laws.

‘Public perception’ or the real public deception. I say it’s the deception.
The registry is like enron company stock: inflate the info, manufacture info the people buy into the stock.
Its a sham, house of cards. Its enron type public policy. The public got GOT..!

I am honored and moved greatly buy your words Sir, you are a true patriot. Your forward thinking is a mark of agreat man. I would follow you into battle without hesitation.

Whoa! Lighten up. Just because someone disagrees or is asking for clarification doesn’t mean they are bad for the movement. In fact, that is healthy. Be the Democracy you imagine, the one they want to exclude you from. If anything, we should feel free to question or disagree. That is a right they can’t take away.
Kudos for those who actually stand up and speak out. Thank you Major Ellis. Thank you, Janice. Thank you Derek Logue. Thank you, Roger. Words have no force without the context of body, movement and place.
Thank you all for standing up and questioning authority.
Chris F makes a valid point. What is a marathon if you don’t know the route? Otherwise, it is wandering in the desert, pacing yourself to an unknown destination.
If you want followers in numbers, not just a handful in the know, you have to lay out the route in enough detail for them to go on and not get lost.

The big Picture victories could happen a little more quickly, if registered citizens , and the(families of) the incarcerated could adovocate together with one another. Those incarcerated for sex crimes , like c/p, and others, have the same problems you face, when they are released. Your issues are their issues. However, you may not see it this way, but their issues are your issues, too. The sentence guidelines have been revised, upward, something like nine times, since c/p became a federal crime in 1996. The Federal Sentencing Commission has even issued its own recommendation, to Congress, with regard to the need to revise the guidelines,downward, this time. However, both Congress, and the Commission, have been bridled by ignorant, and false opinions, of the vocal public, on social media, along with untruthful facts and statistics.

This is the season where the FCS invites public opinion with regard to the 2017 agenda,those things the public considers to be a focus for the next year. If the FSC would focus on the need to revise the sentencing structure downward, that would help to refashion public opinion, about these crimes. Right now, c/p offenders are often given punishments which exceed murderers, serial rapists, along with c/p producers. This is so backwards, and it is largely due to “proxy punishments, which means that c/p possessors are being punished for what they are imagined to have done, in a hands-on manner, and what they are imagined to do in the future, with no evidence to support those imagined crimes, both of which are unjust, and not considered for any other crime.

If RCs would consider joining this writing campaign, it could end up affecting their own plight in a positive way. Numbers can speak loudly, and you could use this platform to also speak to your concerns, as well. For example, there has been much reliance on the Bureau of Prison’s admitted faulty study of inmates with regard to potential recidivism.This study is called the Butner Study. There was coercion involved with the study, since inmates with a sex crime history were coerced to “remember” more past crimes than they were charged, or they would be dismissed from the study, and sent back to the general population, where their criminal history would, then, be evident to other inmates. They feared jailhouse justice., The statistics of this study were skewed, and the data false. Yet, even the FBI holds on to this study as absolute truth to this day!
Please see the Federal Sentencing Commission’s website at United States Sentencing
Commission at The deadline for these letters is 7/25/16 (Federal Sentencing), and consider adding your voice..

Major David Michael Ellis, I appreciate your honesty. If we only had more men like you . That is what this country needs.

The statistic used in the Illinois Murderer registry article and also used multiple times pertaining to the IML lawsuit which is that registrant parolees are 4 times more likely to commit a new sex offense than non-registrant parolees is not relevant because the rate of both registrant new sex offense is so low and the rate of non-registrant new sex offense is also so low, 1/4 of the former, that the ratio of 4:1 rate of new sex offense is not important. As I have mentioned before, it’s like the ratio of winning a 4 million jackpot to winning a 1 million dollar one being 4:1, but that ratio is not important since the odds of winning either is so low. Doing a little math and kicking around the numbers…If as claimed in the up until now irrelevant stat of registrant parolee’s being 4 times more likely to commit a new sex offense than non-registrant felon parolees, if that study’s claim is true, then the 4 felons Charles “Gilson” Rodrick, Brent Oesterblad, Oesterblad’s brother who also went to prison for the same scam, and I think Oesterblad’s girlfriend or maybe Gilson’s girlfriend in on the scam, would pose the exact same risk of committing a new sex offense as a registrant of committing a new sex crime. These 4 felons, combined, by the logic of the stat that seems to be gaining traction, need to be outted for the felons they are, as well as restricted from normal daily life. The “4 times more likely” stat supports this.

I also read a study that the numbers of non-registrant convicts that go out an commit sex crimes (especially violent crimes, like rape) is greater that those committed by registrants, because almost all of the non-registrant type crimes have a higher recidivism rate (committing any new crime) and there are more of them.

WOW, thanks Janice, wow. Congrats.

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