General Comments August 2018

Comments that are not specific to a certain post should go here, for the month of August 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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Has anyone here made an attempt at a pardon? Like many of us I have a 288a attempt (internet sting) from 2003. Had it expunged in 2004. Not eligible for COR as far as I can tell and have only a pardon as my path to removal from the registry. I’m workimg on the paperwork and gathering support letters and anything else I can think of to support my request. I just have no idea how likely any politician would be to get involved in a pardon for a sex crime. Anyone who has any feed back would be appreciated.

There’s been a recent wave of “pedophilia is sexuality” chatter on social media, and of course people are up in arms about it.

This is actually an underhanded tactic by ultra-conservatives to destroy support for the lbgtq+ movement by grouping them with pedophiles. ( https://www.snopes.com/fact-check/maps-pride-flag/ ) It’s literally the same thing Nazis used to do by marking all “sexual deviants” with the pink triangle.

This is not only threatens lbgtq+ communities, it’s dangerous for registrants as well because it propogates the stereotype that all 290s are unrepentant, unapologetic predators.

People need to be informed of the true nature of this “movement” and how inaccurate it is.

The Real Point of Sex Offender Residency Restrictions
By Jamie Spencer on January 17, 2008
POSTED IN GENERAL
It’s refreshing when an elected politician speaks the truth, especially when they don’t mean to.

There was a segment on McNeil Lehrer this evening titled “Housing Sex Offenders,” which chronicled the very real problems with various versions of Jessica’s Law that have sprung up around the country.

The name “Jessica’s Law” started in Florida, based on the name of a victim, but is now the de facto name given by the media to various and sundry laws dealing with sex offenders.

The report focused on California sex offender residency restrictions. California’s fairly new law prohibits registered sex offenders from living within 2000 feet of parks, playgrounds, schools, etc. Sounds like a great idea but problems in this regard have been well documented.

PBS showed a map of Los Angeles with all the prohibited living places in red. At first, it’s easy to tell that literally almost every place in Los Angeles is covered; and then the announcer let’s us know that the places that are ‘OK’ are almost all business and commercial.

The point of this is not to make folks’ hearts bleed for sex offenders. But let’s acknowledge what the real point of these laws is. Or better yet, let’s hear from San Diego County District Attorney Bonnie Dumanis, who when asked by the reporter the perfunctory ‘where are they supposed to go?’ replied:

The real intent of Jessica’s Law is to put people that violate children and others in prison and keep them there.

https://blog.austindefense.com/2008/01/articles/general/the-real-point-of-sex-offender-residency-restrictions/

It looks like I’ll be sleeping in my car, homeless, I guess. The 290 transient section sure seems impossible to comply with. Have to report places I eat? WTF! How is that relevant? Perhaps I need to rent a driveway or curb and have permission to sleep there, somewhere in the bay area or Sacramento. I’m thinking a gym membership for hygiene. Anyone have any tips?

Can registries for tier 1 & 2 drop from 10 to 5 maybe 7 (tier 1) and 20 to 10 (tier 2) in the state of CA?

Question: I have noted Ca SB – 384 will go into affect in 2021. Yet, I didn’t see any information regarding how the law will affect expunged or reduced (PC 17 B) offenses? What if a offense is expunged? What if the offense (PC 243.4 a) is reduced to a misdemeanor? These can affect what Tier your in greatly!

Thanks Anon. That makes sense. If your offense is reduced to a misdemeanor, it’s a misdemeanor. I’m just curious about how they will address expunged offenses. If you (when you get time) get a chance, please post the link. I was unable to locate the paragraph etc.

i recently did my yearly update & i asked the person that was taking my information if she heard anything about sb-384 pertaining to california, it was a yes & a no, but what she told me california would start in 2020, hmmmm??? she also mentioned not just myself but others would also receive a letter at the beginning of 2020 (but) it would take in between 6 months to a year to be cleared leaving/starting 2021 for relief, she also said everything would be cleared and wiped out, so when i say yes and no theres still things thats new to her and not sure of, so has any other person heard of this *janice or chase*?? yes i heard everything would start at the beginning of 2021 so im getting conflicting dates,, well pretty much the year.

I have 2 questions I would appriciate some feedback on. The first is this:

I am scheduled to leave the US for a trip to Eastern Europe with my wife September 4th. I live in a small county in Texas. I have put in 2 calls so far to the deputy in charge of the registration of former sex offenders such as myself. He has yet to call me back. This guy has me come in for just about everything, even when I sell a car. I’m wondering if since Texas is not SORNA compliant, if they have any sort of mechanism for someone who is traveling abroad. I am thinking of just mailing a certified letter, so I can say that I gave notice. Does anyone have any helpful thoughts on this?

My second question relates to the benefits of living someplace that i don’t have to register. Since my past crime was aggravated sexual assault of a minor all states would have me register for life, however with some of my research I have found 2 situations that might work. The first is that Missouri passed a law saying that if someone committed thier crime before 1995, that they didn’t have to register. I haven’t read anything about people who move there from another state, but it seems like the same logic would apply. I committed my crime in 1992 and was given 10 years deferred adjudication in January of 1994, all before they changed the deal on me ex post facto…

My second option is that Hawaii has a law that even people at my level can apply for relief from registering after 25 years. This coming January will have been 25 years after my trial. So, does trying to move there and go for that seem like a good option? Any thoughts or any other info, such as any place I might be able to get a Residency abroad would be appreciated.

@ Ron S.
It’s true Uncle Jerry has granted more pardons than anyone else but not a single one to a Registered citizen. I applied for a Traditional Pardon in December 2015 with the help of a Lawyer here in San Jose named Jerome P. Mullins. He’s kind of expensive ( $10,000 ) but helped me put together a comprehensive petition packet to file with Office of the Governor, Legal Affairs Secretary, in Sacramento. I’m hoping, like you since he’ll be termed out after this year and went ahead and signed SB-384, he just might find in the goodness of his heart, to grant us a pardon. Anyway it doesn’t hurt to be optimistic. Good luck!

Notice:
I found this site through random query based on what I’m experiencing. I remind myself to count my blessings daily.my Finace and I have been experiencing stalking, harassment, intimidation,Vandalism of our vehicle, being shunned by community. In addition I experienced at least 3 attempts at entrapment, notification of employer/s and employees and general dissemination of what they believe to be the time when our relationship began (over a decade and 3 kids later). No arrest no charges no convictions. Even if sensible laws are passed even if the registry is done away with. This may be their recourse. I live in a community full of Law Enforcement. 😔

I’m still having difficulty locating expungement info via SB – 384, but your Anon makes sense. I have a PC 243.4 a reduced to a misdemeanor/then expunged. I imagine the Tiers are based upon your final plea/conviction and SARATSO score etc. ok

Just think these two docs are sitting in front of a district court judge as we speak. This ought t put an end to any recidivism issues, efficacy issues, and I addressed everyone one of the Smith issues one by one in the objections to the MFR. If this judge is anything like the judges in the unanimous decision from the CA SC in Taylor them this is a done deal. Same type of reports used in the Taylor case where the court took judicial notice and was the deciding factor in that case. I bet the judge is like what the hell is going here. I cannot just rubber stamp this, the 9th would overturn immediately. The guy would have to be in dereliction of his official duties if he decides any other way. No reasonable mind would allow this and think it will past constitutional muster. Watch, the next filing I am going to be sure to replace the words sex offender with some other connotation that would show how ridiculous this really is. Could you imagine if I just used any other offender moniker. Replace the words sex offender with DUI offender or even a drug offender the laws still sound absurd…
https://ufile.io/k3u0q
https://ufile.io/vj38a
Look at the highlighted section, those reports played a “very significant” role if not the deciding factor.
https://ufile.io/vj38a

Huston, we have a problem. So we have a major fire in lake county. Most of the county has evacuated. I just got my orders to evacuate. However, the only evacuation centers open are at high schools. So what the hell am i supposed to do except to ignore the order to leave and stay home with the fire danger. This is not right to be excluded for receiving help during an emergency.

“Supreme Court Sets New Evidentiary Standard in Child Sex Abuse Cases
In a 58-page opinion authored by Chief Justice Stuart Rabner, the unanimous court ruled against the admissibility of most elements of a theory, child sexual abuse accommodation syndrome, long used to explain why children often don’t disclose sexual abuse until they grow up.” Thirty-five years of hating Roland Summit is starting to pay off. https://www.law.com/njlawjournal/2018/08/01/supreme-court-sets-new-evidentiary-standard-in-child-sex-abuse-cases/?slreturn=20180703171750

Saw this in today’s SF Chronicle. Arrested and charged with a felony for voting. The man in the article apparently was on probation but the article doesn’t specify on what conviction. I wonder how many RCs may have been caught up in this even if voting absentee. Something to look into.

This happened in North Carolina and apparently other states will charge someone with a felony for voting while on paper.
https://www.sfgate.com/nation/article/Arrested-jailed-charged-with-a-felony-for-13127863.php

For Californians…you CAN vote while on PROBATION. You can also vote even if you are in county jail as long as it’s probation that follows incarceration. This is not the case for those who served prison and would be on state supervision (parole).

Thanks AJ, I will post how it goes when I send the letter to the deputy about my travel

The YMCA are promoting Darkness to Light, child sex abuse awareness and training program and it is full fictional information and hysteria fanning. See: https://www.ymcatriangle.org/programs-services/community-support/darkness-light-d2l

@Janice, and perhaps others who are more legal savvy….
Tho I am ecstatic for those in PA and their families who find relief.
Just wondering if California is so “Progressive” why is it PA is leading the way? What prevents us from bringing the same changes to Cali?
Thank you

So I’m not sure if someone mentioned this before, but here is a way that we can all get involved in the cause, and it’s super easy to do. Just insist on never calling yourself a “registered sex offender”. Call yourself a “former sex offender who has to register” Never describe the “sex offender registry” as that, call it something like the “former sex offender registration list”. When you call in to schedule your registration or when you go in, just use that language. Don’t do it with an attitude. Don’t get in an argument, just state the facts. If you are a sex offender, then you need to be arrested. You are a FORMER sex offender who has to register.

Washington State

Does anyone out there have experience or knowledge with their path for either relief from registration or public notification?

I am a human being forced to register under threat of arrest and imprisonment.
Let’s call it what it is.

Laura A-Hole is media-whoring again: “Couple raises concerns about 5 sex offenders living in nearby home” (Long Island)
If you decide to take her on, remember that she successfully sued one of our small community for defamatory comments so remember, always, to use a pseudonym when dealing with her. http://longisland.news12.com/story/38813057/couple-raises-concerns-about-5-sex-offenders-living-in-nearby-home

“Despite ban, Lafayette Parish sexual predators still active on social media”

“We’re not just telling sex offenders we’re not doing anything about this,” Lightfoot said. “We are taking enforcement action. And I assure you that to everyone we’ve told, ‘You’d better get your butt off of social media,’ we’ve said it in such a way that they get the point.” Out of frustration with the Supreme Court’s Packingham v. North Carolina ruling, local authorities have taken to: “Complaints that come in are investigated, and when found to have merit, law enforcement will report the profile to the social network for removal and follow up with the sex offender.”
And then there’s THIS gem of a blanket statement subheader from the “journalist” and without attribution: “Sex offenders online are motivated by sexual interest in minors” There are, as of this writing, no comments posted to the story. Maybe we should change that. https://www.theadvertiser.com/story/news/local/2018/08/06/despite-ban-lafayette-louisiana-sex-offenders-active-social-media/819066002/

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