General Comments March 2020

Comments that are not specific to a certain post should go here, for the month of March 2020. 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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WHY? In this land of the free! We have more people in cages. Than any other countries. And yet the usa claim to be the most free country in the world. We are a very very bad country! https://youtu.be/VMqcLUqYqrs As this YouTube vid points out we are junk!!

Can anyone tell me why police in Alabama can and still collect All INTERNET INFORMATION FROM RCs ?
Thanks 👍

So here in Colorado our law states after successful discharge from the state and 10 years passes with no crime committed you can petition to be removed from the registry. From how it sounds it’s just that there is still a real possibility of a judge denying me. All the lawyers said they recommend another eval and probably treatment because it’s been so long since my originals. I was 19 over 16 years ago and I just want this nightmare to end. I don’t want to do classes or another eval again why should I? Why am I being punished again plus I can’t afford a lawyer on top of all that. I’m lucky I even have a job…

Hopefully after today, DA Jackie Lacey will be out of a job if she looses today’s election. If any of you had not heard or seen yesterdays news:

Los Angeles County District Attorney Jackie Lacey’s husband pointed a gun at protesters outside their Granada Hills home. This incident was recorded and can be watched here:
https://www.youtube.com/watch?v=fHXF3NuSal0

Just completed my fourth overseas trip in recent years. For the first time, I made it through passport control on my return without being sent to secondary screening. Just put my passport in the computer kiosk, got a clearance ticket from the machine, and went on my way.

When I went through this in November I was sent to secondary, and I asked why this was happening. Told that the computer system for passport control doesn’t communicate with the system used for tracking the travel notifications. They were working on it, I was told.

Since things went smoothly this time, I’m wondering if they finally got the system working. Or was it a fluke. Don’t know, but it was really a pleasure to re-enter the country without being subjected to secondary.

I know the immediate goal is to rid/ improve the registry, but I’d like to know what work has been done or is being planned for employment. As far as I know it’s illegal to use the registry as discrimination in employment (in CA) and yet, that very thing has been used to deny jobs.

Our work around is long, tedious, or requires money. A lot of which registrants do not have.

I was told flat out registering at my pd station that “registrants don’t have actual jobs.”

An officer showed up at the door just recently this morning and informed me that the high school principal has denied me access to the college class. He said that all classes must be on the college (this class is NOT offered there or online). He provided me paperwork on the rules of sex offenders on campus, but it is all written as if the person would access the actual high school property within its gates. The college class modules sit behind the high school as a separated part. I called the high school to speak with the principal. I was told he was away until Friday.

Every single time that I am inconvenienced because of Registration, in any way, I retaliate. Long ago I committed myself to ensuring that society suffers more from Registries than I do. So they pay every time. And it is for EVERY inconvenience. If I think I didn’t get a contract because of the Registries, then I have to retaliate for it. Etc., etc., etc.

I think all People Forced to Register (PFRs) should follow that exact route. Ensure that Registries are worthless. Then ensure they do as much harm as possible. That is the proper, moral, American response to the criminal harassment.

I’ve promised myself if I am ever arrested for any Registration issue, there is going to be a very, very serious retaliation. It just has to be. Being arrested is not acceptable. Heck, I retaliate just because I live under idiotic threat of arrest.

If these criminal regimes had any sense at all they would work very, very hard to fix their Registries so that the families forced to be listed on them were not being harmed. But they obviously don’t have much sense. They don’t actually care about protecting children or public safety. Those are lies. They care about how they feel, getting their jollies, and $$$$$. That’s it.

If these criminal regimes wanted to keep their Registries toy and actually cared about facts, fairness, morality, and stopping retaliation, they could go a long way toward those goals by:

1. Removing all requirements/harassment/punishment/restrictions on PFRs. That would require the criminal regimes to all of the information themselves. They lie all the time about how they are “verifying” the information anyway. So just collect it. That would have the added benefit that they wouldn’t have to whine and cry about how they have to depend on “$EX offenders” to get the information.

2. Register every single crime that was ever committed. Start by Registering people who have shot people with guns. Or beaten people. Or driven drunk. The tiered Registries would have to go.

Registries are useless. It is a shame that the scumbags that support them think their toy can exist without all of America being harmed.

A quick (non) update on Millard v. Rankin. My heart leaped for a split second when I saw last docket activity was today, March 4. However my hopes were quickly dashed. Today’s activity was a denial of a request from March 2 by a gentleman wanting to file an amicus brief. The three judges today denied his request.

I was sooo hoping they’d finally acted. Rats and drat.

Another good company wanting to save the soccer moms from those on the registry…

We briefly mentioned here, with an article, Twitter was pissed Clearview AI was scraping their system for photos to be included in their database. Now, someone in CA, using the CA Consumer Privacy Act, has followed up to see what Clearview AI has on them, which can be read below at the link. Pretty scary all things considered, especially for folks in this forum, People Forced to Register, and their associates, family, friends.

“Clearview’s system, the company says, is “an after-the-fact research tool. Clearview is not a surveillance system and is not built like one. For example, analysts upload images from crime scenes and compare them to publicly available images.” In doing so, it says, it has the power to help its clients—which include police departments, ICE, Macy’s, Walmart, and the FBI, according to a recent Buzzfeed report—stop criminals: “Clearview helps to identify child molesters, murderers, suspected terrorists, and other dangerous people quickly, accurately, and reliably to keep our families and communities safe.”” They make a pretty large leap there in their assumptions…

Here’s the File Clearview AI Has Been Keeping on Me, and Probably on You Too – We used the California Consumer Privacy Act to see what information the controversial facial recognition company has collected on me. https://www.vice.com/en_us/article/5dmkyq/heres-the-file-clearview-ai-has-been-keeping-on-me-and-probably-on-you-too?utm_source=pocket-newtab

🤔 But WE are the ones on a Registry!?

httpss://www.tulsaworld.com/communities/owasso/news/repeat-dui-offender-crashes-car-into-collinsville-school-bus-while/article_903faea7-4f7a-5d49-a717-709b9c1a642f.html

Coronavirus,

What are We going to do? What happens when one of us has to be quarantined in a hospital that has a – for instance a daycare on the same premises? Are we unable to go there? Who calls this?

What are we going to do. Who has the answers. I asked Fed PO they don’t have an answer. I asked the State, they don’t have an answer.

Think and let’s get right, right now.

Best to you all.

I was reading SCOTUS opinions today on a paper I’m working on for class.

https://supreme.justia.com/cases/federal/us/578/13-1339/#tab-opinion-3572520

Remove the RESPONDENT name with your own, and remove the PETITIONER name with the AG, and it sounds great, but I know there’s more to it, dreaming – if it was only that simple.

Question, or opinion.

I have court coming up, I have a good and experienced attorney representing me, the prosecutor agreed to change formal probation to informal, the victim did not object to the change, and the Probation Officer report that the judge requested is positive in stating I’ve never violated, done everything I’m supposed to do and also supports the modification of probation. I’ve taken every SO test you can take and all came back low risk, or recommend administrative completion. I’m a business owner, I’m also a full-time student, I’m engaged and made a life for my self. I have 9 more months left of 4-year probation for a PC288.4(b)-F.

The judge, on the other hand, is 50/50, he’s fair but in previous motions, he’s like suck it up, or the prosecutor wouldn’t agree because the case was a transfer. I feel this time will be a little different given everyone is on the same page, but there’s that one major factor, the judge.

The question I have is in the event the judge denies my motion, should I Appeal, should I just move counties and pray the next judge has some compassion, or man up and press on with the remaining 9 months?

@Vic-LAC, You really need to wait and see what happens. An appeal for this sort of thing has a low likelyhood of success unless there was an error in the interpretation of law or a clear error made as to the facts. Otherwise it is an abuse of discretion appeal and since district courts are allowed very broad discretion, typically such an appeal would be futile unless one of the other two reasons would apply.

Not that there’s ever a good time to be locked up, but this could be a really bad time…

https://www.bloombergquint.com/global-economics/no-escape-from-virus-threat-for-2-million-crammed-in-prisons

Nice work ACSOL on the Fresno roll back I just read on the national office’s website.

For those not familiar with the FAC (Florida Action Committee), they have opened a YouTube channel a few weeks ago with some great videos.
https://www.youtube.com/channel/UCqoE4OmkvoY5qqkFZv6HzXQ/videos

Got another jury duty summons for LA County, CA. Curiously I had gotten one last November. Didn’t get to serve. I thought I was done for another year but whatever.

Anyway, I’m looking at the questions (Are you a citizen, do you speak English, etc) and notice one at the end I don’t remember seeing last time. “I am required to register as s sex offender pursuant to Section 290 of the Penal Code for conviction of a felony.” I can check a Yes or No box. I really don’t remember this last time.

How should I answer? My original conviction was a felony but I had it reduced and expunged last year. I no longer technically have a felony, just expunged misdemeanor. If I say yes, would they disqualify me?

With the coronavirus fears it probably wouldn’t happen anyway, I’m sure any cases are being postponed.

How long has this question been a thing?

Thanks.

Coming up on 5yrs since my conviction. Feels like the 1st day out of jail. Nothing has changed. In fact, with what is happening with this virus, it has made things worse.
Went to my brother and sis’ – in – law’s other day after a 3 yr absence. Trying to reconnect. Was told, “There must be millions on the registry, doesn’t seem like a big deal to me. There’s tons of jobs available, just choose one. You don’t have to work in your profession.” I didn’t bother to respond. I just got up and left. I didn’t even look back. Realized how blind the public is. Either they hate us for no known reason, or they are in denial that the registry is any issue at all.
5 yrs since I have slept in a bed. 5 yrs since I have talked to a friend. 5 yrs since I have gone to a movie, any event, or any place I used to enjoy.
Each day is waking up wondering why I did what I did. Why I threw my life away, and if today is the day I decide to not continue. I am as close to completely broke and homeless as I can get. I honestly am not sure I can pay April rent. At least my car is registered and insured so I can sleep in it. Thought about driving up the coast, finding a quiet secluded place, and leaving the signed car title on the dash. Whom ever finds the car can have it. Then just swim away. No evidence left behind. No more registering, no more struggling, no more worries. Maybe never will follow through, maybe tomorrow is the day.

I stumbled upon the news that “the Supreme Court is about to find Obamacare (ACA) Unconstitutional”. Because the individual mandate doesn’t produce any revenue, then it is no longer a tax. If it is no longer a tax, then it is compelled to buy out of a business, which is unconstitutional. It was the Supreme Court that induced the ACA by calling it a tax. Now, they have to correct themselves.

If that can happen, then why can’t we re-visit the 2003 Smith v Doe case to re-address the statistics and how the 7 factors of M-M will now fail that statutory scheme, but, rather, it is punishment. Why not utilize those who dissented in the case with Justices Souter, Ginsberg, and Breyer?

Justice Souter wrote,
+++
“No matter how often the Court may repeat and manipulate multifactor tests that have been applied in wholly dissimilar cases involving only one or two of these three aspects of these statutory sanctions, it will never persuade me that the registration and reporting obligations that are imposed on convicted sex offenders and on no one else as a result of their convictions are not part of their punishment. In my opinion, a sanction that (1) is imposed on everyone who commits a criminal offense, (2) is not imposed on anyone else, and (3) severely impairs a person’s liberty is punishment.

It is therefore clear to me that the Constitution prohibits the addition of these sanctions to the punishment of persons who were tried and convicted before the legislation was enacted. As the Court recognizes, “recidivism is the statutory concern” that provides the supposed justification for the imposition of such retroactive punishment. Ante, at 105 (opinion in No. 01-729). That is the principal rationale that underlies the “three strikes” statute that the Court has up-held in Ewing v. California, ante, p. 11. Reliance on that rationale here highlights the conclusion that the retroactive application of these statutes constitutes a flagrant violation of the protections afforded by the Double Jeopardy and Ex Post Facto Clauses of the Constitution.”
+++

If “recidivism is the statutory concern”, then debunking the false recidivism rates utilized by that SCOTUS carries a heavy weight on deciding statutory v punishment.

Since the recidivism rates for sex offenders are low, then we can also bring up Justice Souter’s perspective: “a sanction that (1) is imposed on everyone who commits a criminal offense, (2) is not imposed on anyone else, and (3) severely impairs a person’s liberty is punishment.”

Justices Breyer and Ginsberg identified how the M-M (Mendoza-Martinez) test proved the registry was punishment back then. Today, that can easily be supported that it is punishment and how more laws have become rampant. The IML does stifle free travel.

Right now, the states that are winning against the registry are winning against their state and not actually casting doubt upon 2003 Smith v Doe. Remember, “recidivism is the statutory concern” is the main reason why the registry exists today and isn’t punishment as well as the length of time on the registry. Dr. Ira and Tara Ellmen have a research paper exposing the false fact of “frightening and high” recidivism rates that the Supreme Court used to shape the registry today as statutory.

Alaska found the registry unconstitutional. Michigan and Pa recently did as well. What is it going to take to be able to re-visit 2003 Smith v Doe to correct the recidivism rates as well as correct the M-M factors that the registry is punishment?

Just a rant/vent. So in a few months I celebrate my 10 years on the hit-list. I’ve talked to few attorneys in my area (MA), and they believe there is a strong possibility of me petitioning to get off the list. And at the very least, they guarantee I could get reduced from a level 2 to a 1. The only thing stopping me? They’ve all quoted in the ~$10,000 range to get it done. Must be nice to be rich….

On this National Day of Prayer, I pray for all those here who are forced to register and impacted as a family, friend, or colleague as well as those who fight in the courts, meetings, or otherwise for us who want their help.

Mayor Bill de Blasio plans to nationalize certain industries in order to contain the virus. Here it comes folks. Lets look at what happened to Venezuala. We’ve been saying for years that the registry was just the beginning. These idiots are going to make a powerplay. When was the last time our government gained control of anything and EVER gave it back. Kind of like their justification for increasing taxes to accomplish a goal. Once accomplished the tax doesnt go away

Court development –

SCOTUS delaying oral arguments due to COVID-19: https://www.cnbc.com/2020/03/16/supreme-court-postpones-arguments-over-coronavirus.html

I can see this rippling to other Fed courts possibly. This mean they can work on publishing opinions and discuss them from home??