General Comments June 2019

Comments that are not specific to a certain post should go here, for the month of June 2019. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.

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Question… isn’t the Registry a form of Doxing?
With all the talk about how harmful Doxing is, it begs the question is the States intent to cause harm to its citizens? Wikipedia defines it as a tool for Law Enforcement but then goes on to say it’s used for Vigilantism, Online Shaming, Extortion, Coercion, Harassment, and Inflicting Harm….I’d say we as a group can check every single one of those boxes. But is there a way to fight this? Seems to me the Bad outweighs the Good.

For those keeping score at home, the cases posted today brought a mix of strange bedfellows when it came to voting:

Supreme Court Justices Split Along Unexpected Lines In 3 Cases

Kinda shows the unpredictable nature. Let’s all done this again on Thursday, shall we?

I have a question about, if I was found to be a low risk sex reoffender in a psychosocial evaluation in Florida after I pled guilty to unauthorized sex with a 16-17 year old minor and travelling to meet a 16-17 year old minor for unauthorized sex, and completed two years of sex offender therapy and six years of felony sex offender probation with GPS ankle monitor for entire probation served, and 3 years of incarceration, why do I have to register four times per year in the state of Nebraska where I moved to? Is there any way to get the lifetime registration requirement amended. I only had to register two times per year in Florida, so why do I have to register 4 times per year here in Nebraska? Does anyone here know of any attorneys that would work for and with me to get my registration requirement amended? Why, if my charges would only require me to register for 15 years in Nebraska, but because Florida has only a lifetime registrant for sex offenses, the state of Nebraska recognizes the state of Florida’s requirement and makes me register for life here in their state and makes me register twice as often as I did when I was on probation for the charge I pled guilty to in Florida.

Norm Pattis is defending Alex Jones…yes, that Alex Jones…with regard to his forwarding email discovery in a court case that happens to contain attachments of child porn.

While most people here may have a certain opinion on Alex Jones, Norm Pattis is rightfully ensuring that onerous charges are not filed for an obvious setup by an outside instigator. Jones may occasionally be hit with false flag allegations, but creating one with material that would get most men thrown into jail for decades is not something even he would risk, and Norm Pattis is one who apparently agrees. Had Pattis had any indication that Jones was false flagging, Pattis would not touch the Jones case with a ten-parsec* pole.

*One parsec = 101,246,720,000,000 feet

Looking for information on housing in Sacramento

Well, seems this group’s heroine of the devious and BS tiers, Los Angeles DA Jackie Lacey, is being targeted for ouster by various progressive groups, who are supporting San Francisco DA George Gascon to run against Lacey in her re-election campaign. The progressive groups have been very unhappy with how hard core Lacey has been as DA.

Gee, I know I warned about her as that when the tiers were being pushed, and how devious a proposal she was slipping through, appearing to be much more than it was and connivingly undermining chances for a decent plan instead, co-opting the entire effort. Well, I’m not the only one who did and does see through her. Too bad this group is blind and would not listen, too bad this group is NOT progressive, is merely BS moderate and completely accepting of registration even though we have already met the legal test to show we have reformed, the standard of parole or probation. Moderate will never fix or stop this horror of registration. Increasing the registration period from 7 years to 10 years for three of the misdemeanors (meeting the same standard as a COR under the tier proposal, but the COR was 7 years, not 10 years) is not going to help — instead, all misdemeanors should have been dropped from registration, a misdemeanor by law is just poor demeanor, something offensive, not something dangerous.

From today’s Los Angeles Times:

Gascon has already said he is not running for re-election on San Francisco. He does have Los Angeles roots, in fact was an assistant chief with LAPD before he went to San Francisco. He is law enforcement background, but he has shown a notably more liberal bent than most prosecutors, and definitely more so than Lacey, who is always playing devious smoke and mirrors games with everything. A liberal prosecutor would not still be filing death penalty charges after the governor has put a moratorium an all executions for at least the duration of his time as governor, potentially eight years more. She has all the political cover she needs to not file for the death penalty, but she is continuing to do so anyway – this is this group’s heroine. She could have promoted a tier plan, or even serious scale back of who must registering the first place, but she chose not to, instead co-opted and undermined any such effort — to the point that this BS group wasn’t even allowed in the discussion about a final proposal.

When I saw the name change for this group, I feared it had pulled away from the idea of ending registration some day, had gone moderate and ACCEPTING of registration as being OK, just limit it some. And all it is doing is seeking to limit some here and there. Same with the federal effort to block international travel by registrants, going only after a marker on the passport, not against the record being sent anyway, which will get you nixed just the same unless you get very lucky, and you can’t rely on luck when booking travel that will run you thousands and thousands of dollars and coordinating with other people or groups on the other side.

For now, I take pleasure in this push by actual progressives to get rid of BS Jackie Lacey. I don’t know where Gascon stands on registration, but he still is far better than devious Lacey, who made fools of this group and undermined any effort to eliminate all registration beyond that required by the federal government.

To start that elimination of unrequired registration, this group should at minimum push very hard to eliminate all registration for misdemeanors, at least after successful end of probation as it used to be. If this group thinks it is too much to demand an end to registration for misdemeanors, then this group should dissolve, especially in light or supporting a tier proposal that lengthened the time for registering for 3 misdemeanors!

I’m posting this here to those who may not be aware of what CBP secondary can really be like upon return to the US of A from overseas travel. Yes, we have discussed details like this before in this forum, but not to this extreme to my recollection.

This is not a political posting or one meant to evoke any political discussion, which one could get from the words written in the article, but merely to show in raw detail what secondary can be like for those who are US citizens, especially those who are impacted by the registry and provided travel notification, when they return.

I am not posting it to chastise the journalist either and his actions, but it does show what we have discussed here about going through CBP being simplified by mailing devices, etc back before departure is prudent advice if you travel with them. I think his point of consider everything that is on your phone now, including logged in apps, when you go through CBP is spot on. In my mind, it makes an international burner smartphone a way to go so it can be disposed upon return and using my regular smart phone safer.

I’m a Journalist but I Didn’t Fully Realize the Terrible Power of U.S. Border Officials Until They Violated My Rights and Privacy

Travel safe, travel smart…

Well if this don’t take the cake. Mark me speechless. FL Action Committee just posted a letter the mayor of Houston wrote welcoming delegates to NARSOL’s conference. I recognize they operate in the same space as ACSOL, but this may be worth linking to. His attitude and language are commendable and worth highlighting.

California Megan’s Law website now post how they derive scores with graphics to show how after years pass the risk of reoffence drops.And it quotes Once a sex offender, not always a sex offender.

Article on politico today quoted CJ Roberts (we’ve all seen it), and as I read it again I wondered whether it could be used in an RC case:

‘Last November, when President Donald Trump made derisive comments about “Obama judges,” Roberts shot back with a statement declaring “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. … What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”’

I’d love to see the quote “doing their level best to do equal right to those appearing before them” used in an RC case to emphasize due process and that ANY impact (including punishment and collateral impacts) must be tailored (level best to do equal right) to each defendant. Just a thought.

@Will Allen, et al

As we recently discussed here, those who were affected by the OPM data breach were given the credit monitoring services for a number of years which has been extended. Included in the etc of the credit monitoring is notifications of those who are on the registry when they move into your local area.

I got another notification of one of those individuals from this entity watching my credit in addition to those on the registry who move in which I did not realize was part of the pkg. I’m so shaking my head in disbelief about this. Your government tax dollars at work beyond the initial credit monitoring.

I am sure the local group will be all over this like stink from a cow pie on a hot Summer’s Day. Of course, I can’t verify that because I’m not allowed to participate in that illustrious elite select group of people.

FYI update on Millard. The State’s replies to the two supplemental filings were posted on June 28. They shoot them both down, no surprise. For the AK case, they say it has no bearing because it’s wholly AK-based and centric, that AK has different and greater privacy protections than the federal constitution, etc. For the CO case, they say it has no bearing because that was to do with a juvenile subject to lifetime registration, not adults and not a (former) juvenile who has an unpursued appeal process. They also point out there’s another juvenile case from the CO CoA that is exactly opposite the one cited (and mentioned here on ACSOL).

While that all may be factual and true, it’s unsurprising they didn’t delve into the reasoning the judges used, which is where the meat and value lie. That all said, I don’t foresee the 10th giving much, if any, consideration to the AK case (it IS very AK-focused and specific), and may discount the CO case due to conflicting rulings and further litigation pending on it (remanded to the district court).

It seems AL has another problem with how it treats some of its citizens vis a vis DLs:

Though the case is about transgender individuals, many of the problems and complaints match our problems. IDK if or how it could ever be useful for us, but they certainly lean on “cv606”, the RC DL case AL lost.

A SCOTUS ruling from way back (Chastleton v. Sinclair) that I’ve mentioned on here before has been swirling in my head again lately. In doing a little more digging (thank you ROSS), this case is not only still valid, it has been cited almost 200 times in cases over the years. The pertinent statement from the Chastleton holding is: “A law depending upon the existence of an emergency or other certain state of facts to uphold it may cease to operate if the emergency ceases or the facts change.”

Another SCOTUS case in which it was mentioned was Leary v. US. Of particular interest from that case is Footnote 68: “A statute based upon a legislative declaration of facts is subject to constitutional attack on the ground that the facts no longer exist; in ruling upon such a challenge, a court must, of course, be free to reexamine the factual declaration. See Block v. Hirsh, 256 U.S. 135, 154-155 (1921); Communist Party v. SACB, 367 U.S. 1, 110-114 (1961).”

What that all seems to mean is that when facts change, not only do (IIRC, the 9th CCoA said “must”) courts consider the new facts, but they are also “free to reexamine the factual declaration.” Think about this in our situation. The courts could go back and look at the facts behind any statute based on “frightening and high.” As we all know, those facts are bunkum. Also part of this footnote is that the *new* facts must be considered. Those facts would be the many governmental and academic studies to our benefit.

I hate to get to spooled up about this, but it sure seems this angle could have some traction to dispel “f & h” and perhaps even undermine Smith through destruction of this hoax of a phrase.

I saw this and thought, “Wow, how have P.O.S. lawmmakers failed to use this on us PCOSO*s??”

Seriously, we are already banned from Facebook, Airbnb, NextDoor, etc. Often, we cannot comment on news article or opinion pieces which directly affect us because the only means of response is through a Facebook account. So why are they waiting? Why not just go all out and impose this on all PCOSOs?

*PCOSO = Person Convicted of a Sex Offense/s.

(Yes, I am aware that Facebook, Airbnb, NextDoor, etc. are private corporations, but my point stands.)

Just got off the phone with Richard Gladden. For those of you who don’t know, he is an attorney here in Texas that has won some registry restriction cases for the side of registered citizens here in Texas, and other things. Richard explained to me about the Hearn case pending in August, and how he expects to win it. You can look that case up here: If won, it will send it to the 5th circuit which will take about another year. If it’s won there about 3500-3700 defendants (myself included) will be relieved of their duty to register. At that point Texas will either relieve those people or should be prepared to be sued about 3500 times for relief.

From my understanding there was a registry started in Texas about 1993, however if the terms of your probation state that your registration ends after your probation is up then those are the people who are in this list of 3500 who will be relieved.

(I pulled your posting out of the other, nested conversation and re-started it here for ease in replies.)
@AJ, @MikeR I need advice on filing a pro se motion. I was wrongfully convicted of two counts of dissemination of matter harmful to a minor and the appeals issued a decision overturning the convictions. Unfortunately, every attorney I’ve spoken tosays I’m not liable for wrongful conviction compensation with the exception of getting my probation fees back. I don’t want to have to pay my attorney to file a motion to get the probation fees back (I know I’m entitled due to CO v Nelson and Commonwealth v Martinez, Commonwealth v Green). Do you have any advice on how to file a motion to get my probation fees back?
IIRC, you were hit on State, not Federal, charges. This can make things cheaper and perhaps faster, but not necessarily any easier. I suggest getting a copy of your State’s rules of civil procedure and read through the applicable parts (skip things like bankruptcy). Also, I would contact the local clerk of court and find out what the filing fees are (it may not be worth the money to fight to get the money) and if they offer a pro se guide to the courts. A basic search for “[your State] pro se guidelines” may help. Here’s an example of what I got from searching for “MA pro se guidelines”:

Beyond that, finding precedents (such as you’ve posted) and finding how and how well they mesh with your situation will be key. Be sure to hunt down any case law mentioned in those precedents, as they sometimes contain hidden gems.

This should give you a good start and keep you busy for a little bit. 🙂 Oh, also be sure to check if there’s any sort of time limit on getting your monies back. There may be none, or there may be 60 days, or 6 months, or 1 year, or 2 years, etc. Some of that info may be able to be gleaned from the Commonwealth cases you cited.

You may want to try avvo, too, though I would avoid mentioning you’re interested in help with pro se. Many of the peeps on there are only trolling for clients and won’t give much help if they don’t see the possibility of money.

For those naysayers on here who said J3ffrey Epst3in would never be brought to justice and will live his life out on his private island, I suggest you do a search for his name. He was arrested on sex trafficking charges Saturday night. Given the rumors and names that swirled both when he was originally charged and with the re-opening of the case in NY, there are sure to be some anxious rich men out there right now.

With this arrest, I’m guessing more victims will step forward and things will only get worse for this man.

To all of us registered citizens here we will be watching how the arrest of influential millionaire Jeffrey Epstein who was already been convicted and a registered citizen . Now arrested on more charges he is perhaps envious of Roman Polanski who escaped . I am hoping in some way that this trial will benefit our cause

And, I wonder if he files (with whom?) a 21-day notice of travel out of the country every time he hops over to Paris on his private jet from private Teterboro airport where he no doubt breezes through CBP. Does he just walk the underage girls right through CBP along with him? How does he get them visas, etc. There had to be an enormous legal/administrative apparatus supporting his deviant behavior.

Only good news is the obvious fact that his being on at least four state registries for 10+ years certainly didn’t slow down his outrageous ongoing sex offending. He’s the poster boy for the ineffectiveness of sex offender registries.

PS: Did you see the description of the trove of CP tapes/discs the Feds discovered in a safe in the NY house, with labels like “nude young girls?” Just shows that these rich guys think they can get away with anything.

Cert of Rehab 664-288(a) I submitted my paperwork this week to the LA County Public Defenders Office Cert of Rehab department. It was a four page form and 4 character reference letters. My offense was back in 2000 as part of a sting. I will keep this site posted on the progress. I have been told the judge only reviews one day a week so looks like it might be months to get on the calendar. Thanks to those on this site who gave me the lead to the Public Defenders Office.

Has anyone noticed the amendment to the New Hampshire constitution that was passed last year? Maybe we need to focus our efforts in that state to take down the registry altogether. This is the text of the amendment that was passed by New Hampshire voters:

“[Art.] 2-b. [Right of Privacy.] An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.”

Apparently you can renew your passport in 24 hours; that is, if you’re willing to pay extra.