General Comments December 2016

Comments that are not specific to a certain post should go here, for the month of December 2016. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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I PLAN ON SUING CARNIVAL CRUISE LINES AND ALL OF ITS AFFILIATES FOR DISCRIMINATING AGAINST ME AND SEVERAL OTHERS ON THE REGISTRY. I WAS A LOYAL CRUISER WITH NO RESTRICTIONS WHAT SO EVER BEING A LEVEL 1 REGISTRANT. ANY INPUT, PLEASE LET ME KNOW!! I PLAN TO MOVE FORWARD SOON. THEY TOLD ME THAT I COULDNT CRUISE BECAUSE I WAS A REGISTRANT. MY CRIME WAS OUT OF CALIFORNIA BUT I NOW LIVE IN THE WORST STATE EVER KNOWN TO THE REGISTRANT, FLORIDA.

Hi Everyone,

I’m not sure if this is the right lace to leave this but, has anyone from Michigan,or anyone else for that matter,heard anything on on Michigan’s Registry. I went in on the first to register,and noticed nothing has been changed yet, even though Justice Kagan has denied our AG’s emergency stay. Ms Aukerman said nothing will take place until SCOTUS,decides whether to except the case or not,but that does not sound right to me.
Why deny a stay if if michigan refuses to make the changes now. any one or Janice have any idea why it has not taken place yet,or what the hold up might be,just don’t understand why the changes have not been made yet. Thanks in advance.

“Officials leave sex offenders’ election ballots uncounted”
“Sex offenders at treatment center sue for alleged rights violations”

My thanks to Bill Dobbs for this story. More kindling for the bonfire that will eventually burn civil commitment, and the Registry, to the ground.

http://www.houstonchronicle.com/news/politics/texas/article/Officials-leave-sex-offenders-election-ballots-10778508.php

I am a RSO in CT and have been looking for go back to school for quite some time, I realize that each state has it’s own set of rules…so my question is: is there anyone here who can offer some assistance?

I am posing a hypothetical question for everybody.
With California defying the federal gov’t on immigration and sanctuary cities, I wonder if any of these sanctuary cities would be willing to harbor a registered citizen who might be out of compliance? I know the answer, but seems like laws are just not enforced equitably throughout this (and other) states. We all know what the public perception of a registered citizen is, but what about cities that choose to harbor active felons, drug dealers, illegal aliens…is there some equal protection issue here? Just curious.

My thanks to Bill Dobbs for the following:

60 years. Six decades. That’s the prison sentence imposed by a federal district court judge in a child pornography case. The Department of Homeland Security was involved in the investigation and prosecution. The defendant took an appeal; on June 14 a three judge panel of the US Second Circuit Court of Appeals vacated the 60 year sentence and sent the case back to district court for resentencing. Then something unusual happened–the decision was withdrawn. A new and presumably final ruling was handed down December 6 with quite a different result. The same three judge panel upheld the sentence as “reasonable.” More about all this below: Thea Johnson, a federal defender in NYC, has a blog post about the latest ruling, followed by a link to the decision. Farther down is commentary, by a pair of lawyers, about the now-withdrawn ruling and a link to the court’s earlier decision. If human lifespans are increasing they sure aren’t keeping up with extreme sentences such as this one. Individuals must be held accountable for wrongdoing but what about an opportunity for change, for reform? 2064 remains the defendant’s expected release date. –Bill Dobbs

Federal Defenders of New York Blog | Dec. 8, 2016
60-year Sentence in Child Pornography Case Is Found Substantively Reasonable

By Thea Johnson

Excerpts: On Tuesday, the Second Circuit issued a decision in United States v. Brown. The opinion examines defendant Nathan Brown’s 60-year sentence for procedural and substantive reasonableness. The defendant pleaded guilty to 3 counts of production of child pornography and 2 counts of possession of child pornography.

The opinion presents an interesting debate about how the federal system punishes defendants accused of child pornography charges. I encourage defense attorneys to check out both the concurrence and dissent, for some powerful arguments about the risks of unreasonable sentences in child pornography cases. MORE:
***
http://blog.federaldefendersny.org/60-year-sentence-child-pornography-case-found-substantively-reasonable/
***

US v. Brown
United States Second Circuit Court of Appeals No. CR-13-1706
Opinion issued December 6, 2016:

***
http://blog.federaldefendersny.org/wp-content/uploads/2016/12/Brown-Opinion.pdf

***

Second Circuit Blog | June 29, 2016
Divided Court of Appeals Vacates Child Pornography Sentence for Procedural Reasonableness

By Jessica Rice and Harry Sandick

Excerpt: While the Court insisted that it “express[ed] no definite view on the substantive reasonableness” of Brown’s sixty-year sentence, it proceeded to analyze in some detail whether an “effective life sentence”—one that typically is reserved for the most heinous crimes, including murder—was warranted in Brown’s case. Noting that “the harshest sentences should be reserved for the most culpable behavior,” the Court distinguished Brown from murderers and from more violent sex offenders who rape and torture children. MORE:
***
https://www.secondcircuitblog.com/divided-court-of-appeals-vacates-child-pornography-sentence-for-procedural-reasonableness/
***

US v. Brown
United States Second Circuit Court of Appeals No. CR-13-1706
Opinion issued June 14, 2016 [Note, this opinion was withdrawn.]

***
https://www.pbwt.com/content/uploads/2016/10/13-1706com_opn-US-v-Brown.pdf

***

I thought this was and interesting government site full of statistics on crime.

Has questions and answers like this question:
How many persons in the U.S. have ever been convicted of a felony?

https://www.bjs.gov/index.cfm?ty=qatp&tid=2

A bill is currently working its way through the Minnesota statehouse that would restore the right to vote to some 47,000 Americans, all of whom have been convicted on felony charges and are currently on probation or parole. Under existing Minnesota law, it is illegal for these 47,000 people to vote in elections, just as it is for more than 4 million other non-incarcerated felons around the country.
______________
This is a good article discussing how politicians think about this issue.

https://www.google.com/#q=slate+why+can%27t+ex+cons+vote

Starting my birthday weekend off today with a trip down to the local PD for my yearly “non-punitive” registration. Oh wait, had to take the day off from work with no pay to accomplish this, so can somebody remind me how this is “non-punitive”?? Nothing like a little depression to start off the holidays!

First Compliance Check in my new home, new city, same county.

Knock at the door. I answer, Officer is standing there with the standard paper with my photo and information. He says, “well obviously you are living here now.”
Do you still work at XX? I answer yes.
Do you still drive XX? I answer yes.
Is all the information you just told me correct? Yes, I just registered last week.

Can I get you to sign here? (The page has an “under penalty of perjury” section).

Now mind you I just registered last week, for the move and my semi-annual.

I ask him if this is considered an investigative stop? (My kids are standing behind me) He pauses, surprised, and answers, “Yes, it is.” I then asked what his individualized reasonable suspicion is. He replies, “look this is the way its done here. You will get a visit in the middle of the six month requirement. This is just how it is done.”

OK, but no where else in Utah have I ever been required to sign anything in a compliance check.

“Well, you did in American Fork,” he asserts. I explained how odd that was since I never lived in American Fork. “Well, you did somewhere, I just looked it up in your case file.” I explained how another city would come by, only once in 4 years, and as soon as they saw my face – they walked away and did not stop me to ask questions.

I again pushed what individualized reasonable suspicion he had to initiate an investigative stop, and what his legal authority was for being at my home. He again asserted, “This is just the way it’s done here. If you have any questions you can talk to my supervisor.” I got his supervisor’s name and number.

He explained he couldn’t make me sign. I reminded him that my refusal to answer further questions, or to sign when I certified my information just the week prior, could not be construed as reasonable suspicion or probable cause, and thanked him for his time.

I left a message for his supervisor. Now we see what happens next.

Noticed today is Human Rights Day as declared by the UN……Wonder if the USA will notice their own Human Rights violations internally? Doubt it. Others have, but the USA won’t look in the mirror on it….what a shame…

Today, we have two big stories involving Russia and Putin. One has to do with our President Elect and how he may well have gotten help getting elected by the Russians and the other is how the Russians are likely planting child pornography on their detractor’s computers and engaging in frequent programs of slander which often involve accusations of pedophilia. Both are deeply disturbing and appear to be every bit as outrageous as some of the most ridiculous conspiracy theories except that these appear to be well-documented and investigated. It’s a new world, one in which our new Prez is both friends with Mr. Putin and not averse to making loose with the truth to advance his own agenda.

As a reminder, rank hysteria about pedophilia first emerged here, in the U.S., and has since spread to consume the whole world and is now employed to destroy reputations and to shape the power dynamics which govern us.

“Foes of Russia Say Child Pornography Is Planted to Ruin Them”

*** http://www.nytimes.com/2016/12/09/world/europe/vladimir-putin-russia-fake-news-hacking-cybersecurity.html?_r=0
***

“Analysis: The CIA concluded Russia worked to elect Trump. Republicans now face an impossible choice. ”

*** http://www.chicagotribune.com/news/nationworld/politics/ct-analysis-cia-russia-trump-republicans-20161209-story.html ***

Have the all4consolaws updated their flyers ?
I would like to print couple up and post them in our Registry office.

I wonder if everyone here knows that not every CA county even has a Sex Offender treatment program? Just an interesting situation: My sentencing judge only required me to attend an approved offenders therapy program with no time guidelines. I moved to a small county after my arrest and this county did not offer treatment as I was required to attend since there was no qualified therapist. So I was required to drive 1 1/2 hours to a therapist in another county. She was a therapist for both victims and offenders. She asked me if I would be comfortable in group sessions and i said no. So she let me do individual sessions for only $40 per 50 minuets once a week since I had no income. So after about 18 sessions she said there was no more reason to continue seeing me and she wrote a letter to probation saying i had fulfilled my treatment obligations. I actually completed my therapy prior to having to serve my 4 months at a non security county “farm”. My charge was for CP. This final conviction (after many appeals) was in 2003-2004. I feel so lucky having moved to a small county that did not have resources to offer the treatment that so many other Registered Citizens have had to endure. Maybe others should consider trying to relocate to less populated counties that can’t offer the harsh therapy situation that larger Counties provide?

Here is another interesting case that has ramifications for “sex offender rehabilitation,” potentially in every part of the country. A registered citizen in Minnesota is being threatened jail time for not succumbing to a treatment-ordered polygraph, therefore not completing his sex offender treatment.

http://www.nujournal.com/news/local-news/2016/12/10/hearing-held-on-sleepy-eye-sex-offender-probation-violation/

For all those near the southwest Riverside county area who wish to attend a “Christmas” open house to “share your thoughts on legislative and community issues” with Assemblywoman Melendez and Congressman Calvert at Pins’ and Pockets 32250 Mission Trail, Lake Elsinore, Ca 92530 (Monday Dec. 12 between 5:30-7:30pm) . I received at postcard announcement about this and thought it might be an opportune time to speak with them regarding their position on RCs.

There is plenty of “fake news” in American mainstream media and widespread omission of actual and very important news, including what happens to sex offenders in this country.

I’ve been following Vladimir Putin since the Yeltsin era and he is a masterfully evil villain who is now outwitting the U.S. on the world stage and knows how to employ its fears and obsessions, such as its unhinged fear of pedophilia, to influence its elections and to position his currently favorite useful idiot, Donald Trump, into a position of great power.

He has used pedophilia hysteria to great effect within Russia itself having studied its effects here in the States and recognizing its power to reorder society along strictly authoritarian lines.

His reign began with the apartment house bombings in Moscow which he almost certainly orchestrated himself but which he blamed on Chechen separatists with whom he then went to war; a catastrophe for both Chechnya and the then-nascent Russian democracy, since extinguished through his brilliant and ruthless campaign to eliminate all challenges to his authority. He has killed countless opponents and journalists through the manipulation of both state and non-state actors leaving himself completely impervious to prosecution. His personal wealth, acquired entirely during his time as a modestly-paid head of state, is difficult to estimate but certainly numbers in the many billions. It is widely believed that he is the richest man in Europe, perhaps in the world.

So it should not surprise us if he should undertake to manipulate American elections through the opportunities presented by both Donald Trump and Hillary Clinton. He is, in many ways, using the devices of subversion and manipulation long practiced by American media and politicians but ever so much more cunningly.

All of these facts, including the depravity of our own politicians and media, are perfectly comfortable being true at the same time.

Hello Everyone,

I’m not sure if this is the right place to post this, or if i should post it under Michigan,but anyway I found this tonight,on youtube of all places. Iwould also like to know if anyone could explain this argument in laymans terms, and if it sounds like good news or bad news for us. Thank you in advance for your help.

https://www.youtube.com/watch?v=CaW7R3ZdrvI

I just took a look at Donna Zink’s Facebook page, and she has deleted all remarks and photos since she published all the level 1 Sex Offenders names in Washington. I wonder why? She was so public prior with lots of photos of her and links to her 290 list.

I have a question and need some advice.

I am currently on parole in California. I took a deal and was given 3 years with 5 years of parole. Today I went to my containment meeting and was informed that my 5 years of parole has been changed to 10 years. I have been out of prison for 9 months. I was not sent a letter of explanation as to why or how this can be done. I was told that this is happening to a lot of registrants on parole here in California.

Is this legal? Have already done my time in prison, can they really extend my punishment like this?

What can I do?

I am not an attorney but it’s my understanding that CDCR has been violating people’s rights for ever now…from what I understand they can only keep you on parole until the end of your actual sentence..so say you got three years during sentencing and you do either half of that or 85% depending on your offense and you get out then they can only keep you on parole for the remainder of your sentence ie. 50% or 15%. think about it..parole is a release on supervision until the end of your sentence…just like you can serve out your whole sentence in prison and they can’t by law make you do parole..people don’t realize this and just blindly follow what CDCR says..I only did 2/12 years on parole and I believe it was because I fought for my halftime credits and won so they knew that I would file for release from parole at the end of my sentence and could actually sue them for everyday that they continued to require me to comply with parole past my actual sentencing date..I wouldn’t recommend trying to do this because I am not an attorney but if they tried to add five more years to my already unlawful parole length I would fight it anyway I could…parole was almost as bad and at times even worse than prison…you better get the CDCR manual on parole or look up the statue that controls conditions and requirements for parole…god i hate CDCR they will do anything they can to keep you in their grip even if it’s unlawful because they know nobody will challenge them on these issues in anyway that can’t be denied or dismissed on technicalities..don’t depend on an attorney to research this either they don’t have a stake in it other than how many hours they can bill you for whether you win or lose and none of them know the rules of parole and will not even research it…

yep look it up ..

If you were sent to prison and then released, you are in the latter part of the process referred to as parole. How long you will be on parole depends on your original sentence and the judge’s orders. The time of parole cannot exceed the length of sentence ordered by the judge. For example, if you were sentenced to ten years in prison, and release after three years, the length of your parole will be the balance of your seven years. If you were paroled after receiving a life sentence, then you will be on parole for the rest of your life. If you violate any conditions of your parole, then your parole can be revoked.

Read more: http://criminal-law.freeadvice.com/criminal-law/parole_probation/probation_time_parole.htm#ixzz4Sr5wNMBk
Under Creative Commons License: Attribution
Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook

it appears that only a judge can impose special parole at sentencing not to exceed your maximum release date…CDCR absolutely cannot but will if you let em get away with it…

be sure you do diligent research on this and find statues, case law, and or CDCR rules for parole as I maybe be wrong…I definitely would…five more years of parole hell ya I’d fight that…

SAD NEWS: Man freed after wrongful imprisonment dies

This is the final chapter to a man wrongfully sent to prison for a sex crime he did not commit.

LAKE COUNTY, Calif. – A man released in February after serving 18 years in state prison for a crime he didn’t commit has died.

Luther Ed Jones Jr., 71, died early on the morning of Dec. 6, according to his attorney, Angela Carter.

Jones was freed in February at the order of Lake County Superior Court Judge Andrew Blum after evidence was brought forward by District Attorney Don Anderson that exonerated Jones, who had been convicted in 1998 of molesting his ex-girlfriend’s 10-year-old daughter.

http://www.lakeconews.com/index.php?option=com_content&view=article&id=49004:man-freed-after-wrongful-imprisonment-dies&catid=1:latest&Itemid=197