General Comments December 2017

One thing I’ve noticed over the years is many of those in government going out of their way to pass these crazy sex offender laws, are committing illegal acts themselves and only doing it for cover. I really feel these guys once convicted should receive thousands of letters for registrants calling them out for making our lives hell.

I don’t know about many of you, but in some ways I’m glad to see the current witch-hunting of “inappropriate sexual conduct.” At minimum, I feel it waters down things a bit for us, as some will see the only difference between whatever public figure and me is that (a) I got caught, or (b) couldn’t afford the lawyer the public figure could. I’m not saying we’re magically welcomed back into the tribe or anything, but the pervasiveness of it all can only help us in some way, eventually. Maybe I’m merely being hopeful.

Man this sure seems like a no brainier with this report, how much better could it get? I know I used part of this and cited it I never read it. This is incredible .

I laid it all out in the summaries at the end of each claim…I will lay it out again here

Right to Reputation…..
89. I have a liberty interest protected by the Constitution that entitles me to due process because of: (a) the public disclosure of accumulated and synthesized personal information that would not otherwise be easily available; (b) the harm to my personal and professional life; (c) the foreseeable harm to my reputation; (d) the statutory branding of me as a public danger, i.e., as a sex offender; (e) the previous/continuing physical and verbal harassment of my family and I because of my inclusion on the public notification website; (f) I am barred from being employable in my occupational fields of expertise, and multiple other occupations, because of exclusion and restriction zones as well as onerous, impossible to comply with registration requirements.

Equal Protection….
116. I am entitled to relief under the equal protection clause because I am not being treated the same as all other felons or other individuals in similar circumstances, (a) I have to register or have the community notified of my presence after I have completed my sentence, (b) I am denied state and government services, (c) I am restricted where I can live, work and recreate, (d) I face criminal prosecution, a felony offense which is punishable by three or more years in state prison, not for engaging in any type of criminal conduct but simply for not providing personal information to the government within a certain time frame for the rest of my life, (e) I had to undergo psychiatric evaluations before being released from custody and if I was found to be a danger for re-offense I can be detained indefinitely under civil commitment laws, (f) I face regulations that are so severely deleterious to so many aspects of my life and to the process of rehabilitation and reintegration back into society that other felons (or any crime for that matter) who have exponentially higher recidivism rates than ex sex offenders are not subjected to, (g) I have to notify the government every time I change residence, visit any other jurisdiction for a designated time, travel from state to state, plan to leave the country and for a plethora of other reasons, (h) I face a myriad of impossibly complex laws across the country if I wish to move or simply travel in or out of the country, i) I must report at least once a year in person for the rest of my life, monthly if I become homeless, and every time I enroll or unenroll in school or change any information that the state requires me to report, which means that I may have to report at the very minimum 25 times in the next 25 years, plus since I am enrolled in college, I must report at least 50 more times ( each time I start or end a semester, (fall, spring and summer semesters)) in the next 10 years and for an unknown amount of times for other reasons such as information changes or, if I become homeless (which is a real possibility and which I have already had to endure), then we are talking about hundreds of in-person onerous reporting sessions and contact with law enforcement. Failure to comply will result in the return to prison for a lengthy time, and then I will be subjected to the subsequent intensive and life debilitating consequences of parole once again and be placed right back into the same regime that becomes a never ending cycle of incarceration and supervision.

Right to Travel/Association….
I do face residency and presence restrictions, a matter of fact there are 32 pages of them…I did not make a claim against Jessica’s Law Sections 3003 & 6608.5, but merely used it as an example that the local municipalities were using as a springboard. I never mentioned I was subject to it.
>>>>>>>>32 pages of local ordinances for Ca alone.
https://all4consolaws.org/wp-content/uploads/2012/04/290CaliforniaOrdinancesCity_20130128.pdf
Which is directly connected to the DOJ. and their official actions. I would not be subject to these ordinances if I was not subject to CA’s version of SORNA……..

152. Therefore: I am entitled to relief because: (a) I am very concerned that I will inadvertently violate any number of these requirements because I do not understand what they are; (b) I am and will be subject to criminal liability despite the impossibility of compliance; (c) I fear that, despite my best efforts to understand and comply with the laws, and despite the absence of any intention to violate the law, I will be held criminally liable for any failure to comply; (d) I know that I can be punished with prison even if I do not know if a particular act or omission is illegal, because the laws impose criminal liability solely on the basis that the defendant “knowingly or with reason to know” commits various innocent acts; e) I cannot visit family or friends in the exclusion zones; f) I do not know if I can or cannot participate in protest or gatherings in the exclusion zones; g) I cannot travel freely intrastate, interstate, or internationally; h) I cannot participate in my child’s or grandchild’s upbringing because I cannot attend normal activities that are in the exclusion zones; i) it is virtually impossible for a person of average intelligence to comprehend and comply with the plethora of laws across this country concerning sex-offenders and exclusion zones; j) if I am out of state or out of the country and have a family emergency or am involved in some kind of natural disaster that requires me to travel on a moment’s notice, I cannot comply with the onerous reporting requirements; k) If there is a natural disaster I cannot shelter or even be present in most crisis relief facilities, or take advantage of the federal or state assistance that many of these facilities offer, simply because most are in schools or other places on the exclusion zone listl l) no person of average intelligence, including myself, can understand and interpret how to comply with all of these laws all at once. Meanwhile, law enforcement only needs to find my having violated just one–even innocently–to arrest me; m) these laws punish even innocent behavior, and are thus overly broad and unconstitutionally vague.

Unreasonable, arbitrary oppressive official action…….
194. I am entitled to relief because: a) The registration scheme is unreasonable in that it subjects me to a lifetime of registration when I have a less than one percent re-offense rate; b) it has not been confirmed that I pose a cognizable risk of re-offense high enough to justify my inclusion on the registry; c) the registration scheme is completely arbitrary since it applies to me when I do not pose a risk for re-offense any higher than the general public, d) the registration scheme achieves no legislative objectives and actually exacerbates my risk for re-offense; e) the registration scheme is oppressive because I cannot leave my house without fear of being attacked (which has already occurred); f) I cannot find meaningful employment because of my inclusion on a public registry; g) I am severely restricted or completely banned in what occupations I may pursue because of the exclusion zones; h) I am fearful of buying new vehicles because my property will be vandalized, (which has already happened); i) I suffer housing restrictions and exclusion due to HOAs because most HOAs will not allow ex-sex-offenders to move into their neighborhoods; j) I cannot buy or move into homes without fearing that I will be forced to move because of some retroactive law that gets passed against ex-sex-offenders or for fear that my property will be vandalized or even destroyed by vigilantes; which is happening all across the country; k) I cannot attend higher education institutions or Universities of my choice because many are in exclusion zones, l) I am banned from a multitude of public and private establishments such as libraries, town halls, community centers and Internet sites such as Facebook.com; m) I cannot gain more insight or knowledge of the world around me simply because of all the rules, regulations and restrictions across this country that are outlined in this motion….

Substantive due process……..
222. I am entitled to relief because, a) the government is violating multiple constitutional liberties as outlined in this motion (see, issues 1-9) and is not providing me with any meaningful way to contest my inclusion in/on the public registration scheme, b) the legislature is over stepping its authority by enacting and imposing regulations that restricts or regulates perfectly innocent conduct well after the punishment phase of a conviction is completed, c) the legislature is taking discretion away from the judicial branch of government by punishing ex-offenders under the guise of civil regulations, d) the government has not met its burden of proving with clear and convincing evidence that I pose a danger to public safety before subjecting me to these restrictions and regulations, e) the justification for these laws has been thoroughly debunked, f) these laws do not further any legislative objectives of preventing sexual abuse, reducing recidivism, or increasing public safety in any way…..

Ex Post Facto…my offense was in 2004 and I was sentenced in 2006 before all these residency and presence restrictions in this state and across the country were enacted. It also applies to IML. Like you stated Ca is the springboard for the application of all these laws so there is a direct connection between the DOJ officials and these constitutional violations.

233. I am entitled to relief because: a)I am facing punishments in multiple states across the country that were enacted well after my conviction and sentence took place, i.e. residency and presence restrictions; b) I am being subjected to punishments in California that have been enacted well after my conviction date, i.e. residency and presence restrictions; c) I am being subject to a myriad of reporting requirements and punishments that have been enacted by the federal government well beyond my conviction date, i.e. IML, government sanctioned Angel Watch Program; d) I am being subjected to “conditions of registration” that are as severe as, or more severe, than the conditions of parole supervision when I am supposed to be, and am, a Free Citizen that is no longer under the supervision of the state or subject to the criminal justice system….

Separation of powers….
309. I am entitled to relief because: a) I am subject to residency and presence restrictions and I am being directly targeted by the legislature with the plethora of unconstitutional laws as outlined in this motion numbered 1-8; b) I am being specifically targeted by the legislature that classifies me as a sex offender and implies that I am potentially dangerous without any judicial findings or hearings to prove such facts, and I am entitled to a hearing where the government must prove beyond a reasonable doubt that I continue to pose a threat to public safety enough to justify these laws; c) I am being singled out by the legislature with legislation that punishes me beyond my completion of the punishment phase of my sentencing, See claims 1-9; d) I do not have the same feared characteristics as many members of this class such as habitual or violent offenders; e) the legislation is not narrowly tailored; f) I have no way of contesting my inclusion on the registry, so therefore I am forced to endure this system against my will for the rest of my life even though I am a FREE Citizen of the United States; g) the severity of the burdens imposed by these laws can no longer be said to simply further any legitimate legislative intent; h) the claimed effectiveness of these laws and the justification for these laws have been thoroughly debunked; i) the legislative branch is overstepping its authority by imposing punishments that are the role of the judicial branch; j) the legislature is aware of the extremely low re-offense rates and the ineffectiveness of the registration laws but continues to enact laws that are further marginalizing me and making reintegration in to society virtually impossible; k) the legislative intent is clear in their statements and their actions on this subject, these are punishments disguised as civil regulations…..

Cruel and unusual punishment…..
325. I am entitled to relief because: a) the sex offender registration and notification laws are subjecting me to so onerous, far reaching, and vague regulations that is impossible for me to comply; b) My family and I am being subjected to verbal and physical attacks, and acts of vandalism, because of my inclusion on the public registry; c) I am being deprived of life, liberty, and any resemblance of a normal life; d) the sex offender label is effectively banishing me from the general public and forcing me to a life living on the fringes of society because I will not make personal relationships, or even associate with colleagues, or in several cases not even with friends, for fear that they will find I am on the publically accessible website; e) the registration scheme is extremely excessive in relation to my offense; f) I am being subjected to countless retroactive laws that have been passed since my conviction occurred; g) I cannot live or even associate with a large part of my family, friends or other associates because of state codes and exclusion zones; h) I am being subjected to overwhelming psycho social pressures that is inadvertently having a direct and severe negative impact on my mental health; i) I live in constant fear that I may inadvertently violate one of the myriad of laws and go back to prison, not for committing a crime, but for simply participating in normal, everyday, innocent, and legal activities; j) I feel that I am subject to a lifetime of parole; k) the registration laws have the effect of banishing and ostracizing me from my communities.

Involuntary servitude…
337. I am entitled to relief because: a) I am forced into a contractual agreement (sex offender registration form and agreement (T.O.S.)) through coercion and under duress, under color of law and threat of imprisonment; b) I must report at least once a year in person for the rest of my life, monthly if I become homeless, and every time I enroll or unenroll in school or change any information that the state requires me to report, which means that I may have to report at the very minimum 25 times in the next 25 years, plus since I am enrolled in college, I must report at least 50 more times ( each time I start or end a semester, (fall, spring and summer semesters)) in the next 10 years and for an unknown amount of times for other reasons such as information changes or, if I become homeless (which is a real possibility and which I have already had to endure), and when I wish to travel outside the country or enter other states, now we are talking about hundreds of in-person onerous reporting sessions and contact with law enforcement; c) It cost me thousands of dollars in lost wages and travel expenses to comply with these registration requirements, that I am not being compensated for; d) Failure to comply will result in the return to prison for a lengthy time, and then I will be subjected to the subsequent intensive and life debilitating consequences of parole once again, and be placed right back into the same regime that becomes a never ending cycle of incarceration and supervision.

I really don’t see how I could be more thorough or precise in stating my claims. Just because my claims are expansive and include so many issues does not negate any one of them. I want and deserve an answer to each and everyone of them. I finished the semester so I have until a few weeks to get this done and prepare for the hearing….