General Comments November 2017

Comments that are not specific to a certain post should go here, for the month of November 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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Just saw this in my feed. Not sure how to take this.

http://www.newsweek.com/cyntoia-brown-heres-why-teen-was-sentenced-life-after-claiming-she-was-sex-718766

Honestly I have a hard time believing the girl. Not because of her past story, but what she did after.

Last I knew I’d you killed someone in self defense you didn’t rob them and run off. And if her pimp were so abusive and controlling, why did she have a gun to begin with?

She claims she was getting raped etc etc and tried to say the guy she killed was a pedophile predator but an innocent person doesn’t do what she did.

Yesterday, a very BAD ruling (People v. Rodriguez) coming out of Illinois COP for SO. In that case, the judges (unanimous) undercut and bashed the ruling in Snyder (6th circuit) as well as other favorable SO state supreme courts rulings. See link.
http://www.illinoiscourts.gov/R23_Orders/AppellateCourt/2017/1stDistrict/1151938_R23.pdf

“Prison ‘not much use’ for sex offenders,” says retired Supreme Court judge
Catherine McGuinness
https://www.irishtimes.com/news/crime-and-law/prison-not-much-use-for-sex-offenders-says-retired-supreme-court-judge-1.3298970

While poking around for info, I found a couple Congressional Research Service (CRS) papers that are worth a read. There are a couple cases mentioned here and there in the more recent one that made my eyebrows lift a bit.

1. Federal Involvement in Sex Offender Registration and Notification: Overview and Issues for Congress, In Brief (https://www.everycrsreport.com/reports/R43954.html) (@David Kennerly: Footnote 35 lists the 14 “Persons Files” of NCIC.)
2. Post-Incarceration Controls of Convicted Sex Offenders (https://www.everycrsreport.com/reports/R41183.html)

There’s a third report, “SORNA: A Legal Analysis of 18 U.S.C. §2250 (Failure to Register as a Sex Offender)” (https://www.everycrsreport.com/reports/R42692.html) that may have something interesting in it, but I have yet to read it. (There’s also an abridged version.)

A handful of other CRS papers regarding RCs exist: https://www.everycrsreport.com/search.html?q=sex%20offender&hPP=20&idx=everycrsreport&p=0&is_v=1

Thank you, AJ. That (Federal Involvement in Sex Offender Registration and Notification: Overview and Issues for Congress, In Brief ) is interesting and helps to give structure to the edifice that has been erected against us if rather depressing.

Well, they’re trying to do a compliance check on me. As some of you may remember, I have a secure fence around my property and no one can reach my door to knock. Since I’m not on parole or probation I choose not to cooperate with these checks. So far they have been to the front of my house everyday for about 7 days now. They pull in front of my house once or twice a day and sit there and honk their horn. My car is out front so they assume I am home however I keep my house dark with no signs that anyone is ever there. I make it hard for them to contact me so it will continue to cost the county extra money in overtime for these checks. They will eventually contact me, so I’ll keep you all updated on how that happens.

What Parents Can Do to Help Keep Their Children Safe From Assault

https://www.nytimes.com/2017/11/16/well/family/how-to-help-your-child-not-be-a-metoo.html

“An estimated 90 percent of the perpetrators of child sexual abuse are people the child knows, with 30 percent being family members. Just 10 percent are strangers.”

I usually am not in sync with Lake but I am with you all they way on this… Give em hellllll….

Has anyone ever seen social research on why societies always seem to need an “outcast group” on which to blame everything/push all their hatred?

Jews in many places in the world

In the US:
First blacks
Then Native Americans
Then adulterers
Then homosexuals
Then other sexual minorities
Now anyone who’s committed a sexual offense

Each successive group has become more and more “acceptable”, but then society has always found another group to hate. “Groupthink”. Who will be the next group? Or are we it, till the end of time?

This is an interesting read. Further proof of what we all know.
https://www.cato.org/publications/commentary/police-who-prey-victims

Europe is Americanizing fast. Yesterday, I watched French President Emmanuel Macron’s entire, stultifying “grande cause du quinquennat” (France’s ‘Five-Year Plan’) speech in which he manages to smash together/conflate violence against women with pornography and age-disparate relationships. It was an “all-things-violent-and-sexual/we’re-all-interchangeable theme which I found it to be depressingly familiar. We shouldn’t underestimate the extent to which many countries have been thoroughly Oprah-fied into victimological worship, including France. He wants to effectively eliminate the statute-of-limitations, increase punishment for sex crimes, and uses kids as a crowd-pleasing emotional push-button to either eliminate or regulate pornography (I wasn’t too clear on that). Last, but not least, he wants to raise the age-of-consent to a “hard” fifteen-years-of-age which, coincidentally is the age at which he met his wife (that’s convenient) from a squishy and subjectively interpretable definition that took into consideration any ideas or opinions the particular kid might have on the subject. I know, fifteen is comparatively astounding when viewed against California’s eighteen but still, they’re on that continuum we’re all so familiar with. Raising the AOC was the line that got the loudest roars of approval from the mob. The media does the same thing there that the media does here: it tells scary and oh-so-thrilling tales. Are they more frightening or more entertaining? They’re two sides of the same coin. We all love to be scared! But not THIS much.

Now besides all these actors, judges and hiding politicians and others famous, women and men coming out to nail em’ years later, especially in Cali where the cap limit is now off for past incidents, comes a movie from Italia landed here in L.A. where they are saying, it’s okay for a 17 and a 24 to have illegal relations and sex.
I just don’t get it.
What is this all coming to a head to ?
Is our Prez next and back on the block?
Is more going to come out since so many has and hang all?’
California here we come!
Cosb and others including the college stud that left Cali from Stan and is now a RSO 4 life elsewhere.

Following this case in TN closely. Ex Post Facto claim based on the Michigan ruling:
https://www.pacermonitor.com/public/case/19788237/Doe_v_Haslam_et_al

Here’s the scribd version: https://www.scribd.com/document/330569896/Tennessee-lawsuit-challenges-sex-offender-registry-laws#from_embed

Seems like a slam dunk based on the Michigan ruling, which includes the district of TN…

Does anyone know of any suicide support groups in Santa Clara county. And I don’t mean the help line. They are idiots. I mean actual groups that can listen.

Is it harassment for the local PD to send me a ‘reminder’ letter the month before my birthday?

Been getting it every year since I’ve had to register. It starts with “… we are sending this letter as a courtesy to remind you that since you are a convicted sex offender you are required to register…” It then goes on to say that if I fail to register they will submit to the DA for prosecution.

I just got the letter this Friday, Thanksgiving weekend. What a way to start the holidays. And this is something that will continue for ever apparently. I hate it. It really made me sad. My case isn’t expunged yet, but once it is, aren’t I not technically ‘convicted’ anymore? Couldn’t their letter then be considered harassment?

Figured out I only have 4 days to register. They only do it Mon – Thurs. My birthday is the 25th of December so they’ll be closed that day. The other days are weekends a couple of Fridays.

What about redemption? When does that happen? When do I get my life back? It helps to write this out because I have no other outlet. Thanks and sorry for the rambling.

hope everyone had a great turkey day , and for better days ahead . I have been sitting here reading , and looking at the info everyone talking about ,as well as checking all the really cool links , I just want to thank everyone for being here and send my family’s as well as my own best wish’s to everyone ! keep your eyes pealed and watch your 6 , stay safe , enjoy the season ,

Lets be clear I am NOT asking for a lawyer type opinion, just a regular person’s opinion, that may be in the same boat as me, or at least similar, just trying to get an idra on what Michigan might do with me after they rewrite the Michigan registry, so any opinions would be appreciate, and if this sounds similar to any questions I may have asked in the past I apologize in advance.

Hello,

     I have been wondering about something, I know they said that the 2006 and 2011 Amendments can NOT be retroactively applied to me, but then there is the 2013 Amendment and the 2004 2002 and the 1999 and 1994 Amendments  I understand I was still on parole when  Megan’s Law was passed in 1994, and since I was OFF Parole in 1996, I was wondering shouldn’t the 1994 Amendment be the ONLY one that should/would apply to me?.  unless they remove me from the registry completely.  

  I was also curious since there was no registry laws in 1992 when I was convicted how could the legislature tell me I have to register, I mean is that not a violation of the CONTRACT/PLEA I took between me the my lawyer the prosecutor and judge?  or maybe even a violation of the supremacy clause, or the separation of powers 

    I’m just asking just trying to understand how this works, or how the final rewrite of the registry is going to effect me.  Thank you for your time.

Tid bits of a story of a guy who just killed 6 people driving drunk. He was driving with a suspended license for previous DUI. So yeah, let’s focus on SO’s.

“CHP Officer Matthew Hamer is quoted by KPIX 5 saying that Lowe was driving on a driver’s license that had been suspended due to a previous drunk driving arrest.

Lowe was booked into the Contra Costa County Jail on suspicion of four counts of felony hit-and-run, felony DUI and driving on a suspended license, Hamer said. He remains in Contra Costa County Jail on $1.15 million bail.”

A bad ruling (RAY NEAL CARNEY,. Plaintiff – Appellant, v. OKLAHOMA DEPARTMENT OF. PUBLIC SAFETY) coming out of the 10th circuit of appeal this morning regarding license requirement for SO. A unanimous panel ruled license requirement for SO survives the basic rational test. Plz google for the link to the ruling.

I just saw in CNN bittom ticker that they might try ti charge Harvey Weinstein with international sex trafficking because one of his recent happenings tjat came to light happened in France

No, it hasn’t been challenged but needs to be. It’s an incredibly stupid law not only for its inability to be enforced but also for its breathtaking arrogance in flying in the face of the First Amendment. To view California’s online registry as a Registrant is, quite possibly, the most obvious form of civil disobedience that can be performed and crying out to be challenged in the courts. I suspect that California’s original law dating back to 1947 included a provision barring Registrants from viewing the (paper) Registry back than and that some not-so-clever legislators decided to tack this on to the online Registry requirements. It’s a kind of legacy from the original.

Well, I received the AG’s brief today. It is kind of a joke in my opinion. She is only contesting claims six thru nine and those are only on basically subject matter jurisdiction, as I assumed would happen since they have no control over IML or other non CA state statutes or ordinances, and the fact they rely on the smith case and the “frightening and high” comment out of those cases. She states that they will address the other issues during the proceeding but does not specify on what grounds other then subject matter jurisdiction, claiming that the AG of CA can not be sued since they have no direct connection to enforcement of the statutes at issue. She then goes on to cite Ex Parte Young which seems to totally contradict her position.

Wiki….The Court, in laying out this doctrine, created two legal fictions:

That such a suit is not against the state, but merely against the individual officer, who cannot be acting on behalf of the state when he enforces a law that is unconstitutional; and
That an individual can be a state actor for Fourteenth Amendment purposes (which only prohibits unconstitutional acts by the state, and those who represent it) while remaining a private person for sovereign immunity purposes.
The Court also rejected the contention raised by Young that an injunction was inappropriate because the railroads could get an adequate remedy by testing the statute in the courts. The Court noted that the railroads could never recover the costs of obeying the law while waiting for it to be adjudicated unconstitutional.
Based on these findings, the Court held that suits may be brought to enjoin state officials from enforcing unconstitutional laws in the United States District Courts, which have the power to enjoin those officials from enforcing such laws.
https://en.wikipedia.org/wiki/Ex_parte_Young

I am still trying to see what her angle is, but as of so far her little 23 page response is ridiculous….I will post it tomorrow, but I am really dumbfounded at how ridiculously inept it really seems to be……
There is also the actual case she cites regarding jurisdiction which only compromises her position….. If you guys see something that I am missing in these cases let me know….As of right now it is, non punitive as of Smith, non ex post facto per smith and residency or presence restrictions do not apply to me since I am not on parole and she claims I do not stipulate what ordinances or statutes I am referring to, which I do cite many of them, no jurisdiction over federal laws or other state statutes or ordinances (which I concede), but she never actually stipulates IML. In short>>>no bill or attainder, no involuntary servitude. no ex post facto, cruel punishment, no subject matter jurisdiction but seems to only be referring to these claims. Like I said I will post tomorrow….

I am so glad that I am Pro Se…I really don’t believe any of these attorneys have the competence, or the desire or drive to succeed. I am very pleased with the response. Absolutely no argument against any of the major issues and barely makes any kind of case against the issues that she is contesting..What a joke man……I really hope people are grateful for what I am doing because it is getting a little expensive and time consuming. But hey, not nearly the thousands upon thousands that it would cost with a derelict lawyer right?/??? I hope Janice and all these other orgs are taking notice and following my case because I am going to show them the power of the US citizenry when it comes to access the courts for redress…..Law degree be damned…..I am a fighter and am not going to sit back and be ridiculed and fall into self deprecation and allow “OUR” government to control my destiny…..Ain’t going to happen……Went to Men’s Warehouse and bought me some really nice and expensive custom fit suits..Got a great deal on black Friday…LMAO…Got to look the part right……I can’t wait to post the response tomorrow for yu guys to see and respond to, especially since you helped get it where it is, with absolutely “NOOOOOOO HELP”!!!!! from any orgs or so called legal experts or wanna be civil rights leaders……………. I have to go to Fed Ex and digitize it and you will be able to see it…….

Hey Chris, Nice to see a comment from you.. I haven’t been on here as much lately but the times that I have been I haven’t been seeing much of you lately….Well, just in time as you can see from my comments, right? Look forward to see what you think about this response…..