General Comments March 2018

Wow. The Ventura County Sheriff’s Major Crimes Bureau, with funding provided by a SAFE grant, spent Saturday discovering that 27 people didn’t commit a crime, and 2 others were either not home, or simply didn’t answer the door to deal with their BS.

Thank god for these heroes in blue!

*heavy sarcasm*

http://nixle.us/9YN69

Got a advertising letter in the mail yesterday from one of those lawyers looking to exploit registrants only this letter had religious markings on it (a cross and something else) to give the appearance they are honest and reputable. What scumbags.

For all the travelers here, I know nothing of this, but just read about it before sharing it with you:

Mobile Passport Will Get You Through Customs and Immigration in Under 60 Seconds

https://www.cntraveler.com/story/mobile-passport-will-get-you-through-customs-and-immigration-in-under-60-seconds

Anyone know of anything about it?

I need to vent. A word of warning — this’ll be long.

So here I am, looking at 40 less than a year away with little to show for it, an age I am completely unable to relate to. Being a high-functioning autistic set my social development back a bit in my younger years, but being a never-married man drifting through life alone has kept me largely in a state of arrested development. I am stuck at a life stage of someone recently out of high school or college, still eating microwave food and take-out, no real social life besides a fellow never-married drinking buddy I met via meetup (not easy making friends and going out in your late 30s, when most of your peers are long-since settled down with families by now), and still barely making ends meet, with little opportunity for a career that will afford me long-term stability due to my conviction being public record and easily discovered with a simple Google search of my full name. Going back to school seems ridiculous now, since I’d not only be competing with people half my age for jobs, but campuses, at least in my area, have begun outright barring registered citizens. So much for trying to better myself and improve my employability. Not that I’d even know what I’d want to study anyway…not sure how I made it this far without knowing what I wanted to do when I grow up. But a few years back I got a commercial driving license, so I’d at least have something to fall back on that resembled a career and paid more than dogsh*t. I managed to get a local driving job. I wonder though, will I be stuck driving sh*tty old trucks for small companies who don’t ask too many questions, making low $20,000s a year? Will I remain stuck at the life stage of a young bachelor just striking out on his own living in crappy cheap apartments? Is that all I have to look forward to – more of the same sh*t? Because that isn’t a life worth living. My life is completely devoid of joy or any semblance of fulfillment. All I have are temporary distractions from the monotony and the worry about my future, like alcohol, making music, and the refuge of sleep. Seldom a day or two goes by when I don’t wish for death, or to wake up and realize that the last 20+ years of my life were just a bad dream. But at least I have a roof over my head, a car, and a job, right?

One might tell me to pick myself up by my bootstraps. Easy to say when they aren’t so utterly behind in life and don’t have the equivalent of the Mark of Cain branded to their name. Easy to say when they aren’t the one pushing 40 with no more than 2 ½ years at any one job and little to no prospects for better employment, living in constant fear of changing laws pushed by the fear-mongers, overzealous cops, and the landlord or boss finding out about their shameful past for which they long ago supposedly paid their debts.

In the meantime, I get to watch my younger siblings and cousins find significant others, get married, start families, buy homes, buy cars made this decade, start careers, move forward in their lives, make their parents proud. I wanted to make my parents proud. But now I’m starting to wonder if they’ll be dead and in the ground before their firstborn has a chance to do so. I hear my dad tell me he’s proud of me, but it rings hollow in my mind. I’m sure the fact that his son is a registered sex offender eats him up at night. I don’t know how it can’t.

There was a time when I was hopeful for, rather than afraid of, my future, but that time is long gone, lost in a time way before the line that unequivocally divided my life into a before and an after. I can still close my eyes and see it, almost touch it, almost hear the clanging windchime hanging from the eave over the back door of my childhood home along with the shushing of the eucalyptus trees out beyond the backyard. I can almost feel the sun on my skin and wind in my face as I’d ride my bike to a friend’s house without any real worry in the world. I can still smell the old leather interior of my first car and I can still remember how I felt when I stood at the threshold of the rest of my life on my high school graduation day. Yet in a way, it’s almost like that reality never really existed, like it was just a dream. But seeing my old house, as I did a few years ago when I drove by it, reassured me that at least the physical connections to my past remain. Things are different now, and not in a way that would make younger me smile, and not in a way that many people would understand upon learning of the label I am forced to carry.

I am growing tired. I am losing my will to continue getting up in the mornings to go to my pointless job that gets me by (but where they at least like me and are pleasant to work for), then having nothing to come home to at the end of the day other than getting buzzed, shutting off my mind, distracting myself with mindless internet until I’m too tired. The monotony, the loneliness, the pointlessness of everything, the fear of the future and how ill-prepared I am for it, is slowly killing me. I don’t know what it even feels like to be truly happy and content anymore. I don’t know what it feels like to have a zest for life, rather than passively inviting death, hoping almost every night that I don’t wake up in the morning, rarely bothering to wear my seatbelt anymore. I don’t know what it’s like to go through an entire day without feeling that familiar hollow emptiness in the pit of my stomach and the edge of tears at least once, even though I rarely cry anymore. I’m mostly just numb because it’s easier than feeling anything.

I wanted to make you proud, Dad. I am sorry.

You can go on here to see the latest from the Magistrate Judges recommendations in my case.
http://mllkeys20112011.wixsite.com/mysite

I don’t know if it’s a good thing or a bad thing Justice Kennedy is retiring. on one hand maybe, in a snowballs chance in hell, that he feels some kind of remorse, or regret, for ruining for ruining hundreds of thousands of people’s lives, with his f**ked up frightening and high comment in his opinion on Smith v. Doe. On the other hand if he does retire, the remaining Justices may rule more favorably, for us in future with him out of the way

Look at this similarly ridiculous statement.

“As discussed above, however, this court is
bound by the law of the Ninth Circuit and cannot deviate from binding precedent, even in light of
shifts in other localities. Accordingly, a comparison of the California statutory scheme with
Colorado’s is unnecessary.”

“Bound”, “cannot deviate” Really ???????

Man look at this if they let me post it all. Any comments or suggestions??? Anybody could use this as well.

Plaintiff objects to the MFR assertion, page 17 at 9, that Hatton v. Bonner Court is controlling on this court, 356 F.3d 955 (9th Cir.2004) and that the court “cannot deviate from binding precedent.” Plaintiff is not asking this court to deviate from precedent. Hatton was decided right before the Internet publication of personal information and places emphasis that the registry was not available through the Internet. “Unlike other states that post their entire registries on Internet websites, California limits the circumstances in which law enforcement agencies may disseminate information from the registry, id. § 290.45, and regulates public inquiries to the registry, id. § 290.4. Agencies may disseminate certain information about serious offenders only when they reasonably suspect that an offender poses a risk, and only to institutions and community members that are likely to be at risk.”  Id. § 290.45(a). “California allows public inquires to the registry in only two ways:  through toll calls to a telephone number or in person at a local police station. See id. § 290.4(a)(3)-(4). The California statute requires members of the public to satisfy certain conditions in order to obtain access, and it restricts what information will be released to members of the public.” See id. The Ninth Circuit has yet to encounter a similar case as this since its decision in Doe I v. Otte when the court concluded that Alaska’s statute violated the Ex Post Facto clause. Any claim of stare decisis and Hatton as binding precedent in this case is unfounded since in Hatton the information released was restricted and limited and “not” available on the Internet.
Plaintiff contends Clark v Ryan is more apropos in this case in which the Ninth Circuit 836 F.3d 1013, 1017 (9th Circuit 2016) made note citing State v. Henry, 228 P.3d 900, 904 (Ariz. Ct. App. 2010) when considering if registration was an affirmative disability “In Henry the court reasoned that the Arizona legislature “has taken steps to tailor the statutes to serve more precisely their nonpunitive ends.” Id. The Clark Court noted “For example, mandatory notification is required only for offenders who are deemed to pose a high risk to the community” Id. No steps have been taken to narrowly tailor the State statutes as applied to Plaintiff.
The Henry and Clark court, as well as the Smith court, were dealing with individuals that would be either adjudicated as sexually violent predators (SVP’s) or individuals that the courts believed to be of high risk to re-offend (as “high as 80% “ as espoused in Smith), which was a completely different set of facts then what we have in Plaintiff’s case. It is unquestionable that there is a rational basis to subject sexually violent predators who have been convicted of a “sexually violent offense against one or more victims” and was found through judicial review “that it is likely that he or she will engage in sexually violent criminal behavior in the future” to onerous and narrowly tailored sex offender registration laws.
Plaintiff is a far cry from being high risk and in fact scores on the very low end of low-moderate on the State’s own Static 99R test. See Static 99R score- two points. That test doesn’t consider time offense free in the community (approx. 12 years). Plaintiff is extremely low (to no) risk to re-offend according to the government’s own reports and sources.
The majority of the Ninth Circuit Court of Appeals panel that, before reversal, discerned an ex post facto violation under federal law should be holding in this case, especially since the publication of personal information on the Internet was not present in those cases and the discussions in Clark and Henry about the laws being narrowly tailored are persuasive in how the Ninth Circuit may respond in a case such as the one before the court. Doe I v. Otte, 259 F.3d 979, 993-95 (9th Cir.2001), rev’d sub nom. Smith v. Doe, 538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003).
Plaintiff objects to the MFR assertion, page 8 at 25-28, that United States v. Elk Shoulder, 738 F.3d 948 (9th Cir. 2013), would foreclose any arguments if it was found that the court had subject matter jurisdiction. Elk Shoulder was decided on federal SORNA and not a registration scheme such as California’s, and it was dealing with a high-risk offender and a dispositive holding of Smith.
Furthermore, the compelling factor that the Smith decision was decided on faulty claims of “frightening and high” recidivism rates , along with comments of dissenting justices in Smith , and all the added burdens California’s Internet Megan’s Law places on Plaintiff, i.e. interference in Plaintiff’s custodial and familial relationships with his children, grandchildren and family members (family code section 3030 et seq.), the onerous in-person reporting requirements (17 times in the last three years), and the fact that Plaintiff’s personal information is not publicly available information since Plaintiff isn’t even subject to criminal background checks in California (CA’s 7 year background check limit law (Ca. Civil Code § 1786.18)), along with the fact that Plaintiff has been subject to multiple vigilante attacks (as well as documented attacks against his family members), demands de novo review
Any humiliation, loss of parental rights, loss of employment or housing, vigilante attacks, and all the negative probative effects of registration cannot be contributable to Plaintiff’s criminal conviction since his criminal record and conviction would not be available under California law, all strongly suggest that this case is distinguishable from Smith.
Plaintiff objects to a dispositive holding of Smith v. Doe and reiterates here that he requests this Court review de novo whether: (1) SORA (Penal Code 290, et seq.); (2) Megan’s Law Internet Website (Penal Code 290.46); (3) California Family Code section 3030, et seq., are constitutionally flawed and the probative effects are punitive as well.