General Comments May 2023

Interesting news headlines lately. A lot more women are being charged with sexual assault of minors. 🤔🤷🏻‍♂️

This is an illegal process of what I learned about US probation that illegally incriminates Sex offenders to disclose information. Some of these men make up disclosures so they can be within compliance so they can be free. The problem is the government uses these disclosures to give them an endless sentence.   
 

THERAPY INTERROGATION:
therapy interrogation is a system that collect disclosures. the therapist wants to know your hidden secrets. they could be illegal acts in the past or present or illegal acts that lead to your initial crime. you’re PO will collect this information on a monthly bases and monitor your progress in therapy. typically the program last about 2 2/1 years. you will be submitting weekly disclosures check in sheet that consisting of incriminating questions. Gaslighting and manipulation techniques are used to raise insecurities with the sex offenders. They do this so you can second guess your self and constantly asked them if what your doing is acceptable. They also use these tactics to convince you the polygraph works. In this case, Santa Clause knows if your naughty or nice !here’s a recording of my interrogation of my therapy session.  This recording also shows the gaslighting techniques that was used on me !
Polygraph issues n intorregation.opus
Aligne counceling checklist.pdf

THERAPY AND THE POLYGRAPH:
during your time in therapy they will use polygraph as a psychological tool. They emphasize so much on this tool by inflicting emotional distress on clients. Your slowly being trained to believe this polygraph illusion really works.  They do this, so once your getting ready to take the polygraph test. Your making a volunteer disclosure without any intimidation. In fact, your slowly being subconsciously coerced to incriminate yourself against your will.  Probation heavily relies on this incrimination tool
Memo March 8, 2022 from PO (1).pdf
This method is even mentioned on thier website
https://www.uscourts.gov/services-forms/polygraph-sex-offender-management-probation-supervised-release-conditions
see D 5 and 6.

LEGAL QOUTES:
when the government conditions continued supervise release on compliance with a treatment program requiring full disclosures of past sexual conduct in unconstitutionally compels self-incrimination. Antelope, 395 F. 3d 1133-39

Defendant cannot be required to accept responsibility for crimes other than those to which he pled guilty. citizens may not be forced to incriminate themselves merely because it serves a governmental need. United states v. Oliveras 1990 905 F.2d 623 2nd cir. 

A refusal or failure to complete the program would in fact subject him to revocation and further incarceration. revocation is a sufficiently coercive penalty. Antelope 395 F.3d at 1133-39 saechao 418 F3d at 1081

POLYGRAPH STRUCTURE
controlled questions: controlled questions are questions that do not cause an anxiety response or spike with the polygraph. for example: do you live in Arizona?  or what is your name?  these questions will not cause anxiety response.  

uncontrolled questions: is questions that would make your nervous to talk about and create an anxiety spike that is used against the polygraph. for example: have your viewed porn since being out in probation? “no” in theory if you do get a spike that’s because your raised your blood pressure, oxygen and BPM. in their minds this will indicate a lie against the polygraph. the (controlled questions) is your base line that’s compared and contrast against the uncontrolled questions. 

POLYGRAPH PROBING QUESTIONS:
there are three different type of questions:

1. filler questions – stupid questions such as ” are your keeping secrets from your PO”
2. link questions – questions that link to your initial case for example, if your drinking during your crime than guess what: your questions will be during your next poly? have you been drinking since on probation?
3. INITIAL QUESTIONS – these are the only two questions that directly relate to your crime that determine if your within compliance with probation. for example, if your have a internet crime your main initial questions would be. “have your used a computer or social media. “

PROGRAPH EVIROMENT:
the polygraph environment is meant to create a custodial environment which is used to mess with your free state of mind to submit to their will. the polygraph is a psychological interrogation tool to compel additional past disclosures or current ones. once you come in for the polygraph, the polygrapher tech would hand you a last disclosure list…just case you missed something during your weekly disclosures. he also would want to know if you have medical issues. this is important cause if you take blood pressure pills or mental health issues as well as taking physch meds. THESE MEDS DO AFFECT THE POLYGRAPH RESULTS. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6654171/#:~:text=A%20medication%20that%20may%20affect,deployed%20to%20malaria%20endemic%20regions.
Polygraph Report 5-25-22.pdf
my polygraph proofs my medication did effect the results…see attachment above. The polygrapher states my medication had an effect on the polygraph results.

 you will also be signing a form stating you are aware of your right to not answer any incriminating questions. Example, have you sexually touched someone while they were sleeping? don’t answer that, it could create a new case or investigation. United states v. Von Behren No 822 F.3d 1139. these questions are probing questions to elicit information from you.  remember it’s the initial questions they are really after. Here’s an example from their own probation conditions. https://www.uscourts.gov/services-forms/polygraph-sex-offender-management-probation-supervised-release-conditions
review method of implementation D, 5 and 6

POLYGRAPH PHASES:   https://www.uscourts.gov/services-forms/polygraph-sex-offender-management-probation-supervised-release-conditions
the problem is they don’t tell you the stages of what constitutes a complete polygraph test.  Keep in mind your forced and court ordered to incriminate yourself and complete the polygraph. 

1. Pre-questioning- (small talk) he’ll ask you if you have any concerns of why you may not pass the polygraph test?  this small talk is designed to open you up for friendly conversation. 
2. polygraph test – in theory your last disclosure list and the small talk is to help you get everything out. it’s also a way to get you more relaxed during testing. now you taking the exam for about 1 hour and a half, hooked up to the polygraph machine. 
3. post – questioning  –  once he’s officially done with the polygraph test. He will state on recording. THIS COMPLETES THE POLYGRAPH TESTING. (RULE 30 (b) (5) and (C)…your done ! https://www.law.cornell.edu/rules/frcp/rule_30

 now he disconnects your from the machine. DO NOT ASK HIM OR TALK TO HIM FIRST!!!!!!! (wyrick v fields) he initiates conversation, and asks you why your having problems with two initial questions.  Now he’s using the polygraph results to compel you to disclose anything! Other words, he’s using faulty evidence to surprise you thus creating prejudice and bias. You’re plea deal says to complete the polygraph nothing about knowing and confronting you with results.  this process undermines and weakens your 5th and 6th amendment protections you signed earlier. wyrick v. fields no 82-158. 

this is also the stage where they get compelled disclosures and your currently being RECORDED ON VIDEO. They are required to give you a notice that you are being recorded rule 30 (b) (3) https://www.law.cornell.edu/rules/frcp/rule_30
They require this video and to show you volunteered to disclose incriminating information (united states v. woody) 2015 u.s. dist lexis 44784 no CR-13-*08093-001-PCT-NVW your statements are aggravating factors because your were recorded.  

USC CODE 3553 (a) factors:
now that these disclosures are known they will consider these disclosures as (FACTORS)  the truth without the burden of proof. they assume you weren’t scared and cause you were disconnected from the machine you freely told them the truth with no intimidation. Now the disclosures are now considered factors. They are introducing more factors under your initial crime. here my probation officer wanted me to tell my new therapist (since I couldn’t pass the poly from the previous therapy group they fabricated a discharge report) 
Align Discharge.pdf
that I cant control myself when I see teenage girls, increasing my factors. 
Memo March 8, 2022 from PO (1).pdf

https://www.uscourts.gov/services-forms/polygraph-sex-offender-management-probation-supervised-release-conditions

1. Under approved judiciary procedures, polygraph results may be used to increase the level of supervision, modify treatment plans, or generate a separate investigation. A polygraph result may not be used as the sole basis to revoke supervision.2

LEGAL QOUTES:
we make clear now that the use of unconstitutionally compelled statement to determine a sentence in a later unrelated criminal proceeding is unconstitutional. the supreme court has recognized that the 5th amendment’s protections extend to the sentencing phase of a criminal case. Mitchell v. united states 526 US 314. 327-28 119 S ct 1307, 143 L.ed 2d 424 (1999). we have recognized that those protections also extend to separate criminal proceedings. United states v. Saechao, 418F.3d 10731081 9th cir (2005)

when the government conditions continued supervise release on compliance with treatment program requiring full disclosure of past sexual misconduct, with NO PROVISION OF IMMUNITY FOR DISCLOSED CONDUCT, it unconditionally compels self-incrimination. Antelope 395 F. 3d at 1133-39.  a refusal or failure to complete the program would in fact subject him to revocation and further incarceration. revocation is a sufficiently coercive penalty. Bahr faced amounted to compulsion United States v. Bahr.

In apprendi v. new jersey, 530 US 466 120 S. Ct. 2348, 147 L. Ed 2d 435 (2000), the supreme court held that, regardless of it’s label as a “SENTENCING FACTOR’ any fact, other than the fact of a prior conviction, “that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. the court later held that the “statory maximum” for apprendi purposes” is the maximum sentence a judge may impose solely on the bases of the facts reflected in the verdict in a jury or admitted by the defendant. Blakely v. Washington 542 US 296, 303, 124 S. CT 2531, 159 L. Ed 2rd 403 (2004)

USC code 3583 (e) supervised release (SLAVE CODE/ SLAVE LAW)    https://study.com/learn/lesson/slave-codes-south-examples.html
now the judge can legally lock you up for any past crimes (disclosures/aggravating factor) and/or current disclosures for 5 to 20 years. she could also keep you in probation for life! even the appellate courts will back up the judge, cause the judge considered 3553 (a) factors. WHY….CAUSE YOU BEEN RECORDED AND VOLUNTEERED TO GIVE DISCLOSURES! they assumed you were telling the truth about you’re disclosures with no burden of proof and no fact finding jury! Now with United states v. Haymond USC code 3583 (k) is now unconstitutional. the question is can they add more aggravating factors into your original case and hide behind 5-life sentence? adding new factors via polygraph then getting punished by these factors that weren’t an issues based on your original/initial sentence.   

CLASSIC PENALTY SITUATION:  https://www.uscourts.gov/services-forms/location-monitoring-probation-supervised-release-conditions
you can request and get immunity for you disclosures. they can’t create a new case based on those disclosures but they can still sweep the facts under the rug of 5-life probation/sentence. Now, if probation and therapy are telling you that your failing the polygraph (other words you are not incriminating yourself) they will punish you by charging fees up to 300 hundred dollars for the cost of the polygraphs. If you keep failing, they will restrict your liberties by placing you at a halfway house until you pass the polygraph!  this is a punishment system to encourage you to tell the so called truth. really it’s a penalty system to compel additional disclosures and in some cases, causing people to make up disclosures so they won’t be violated and stay within compliance of supervised release.  in this link they were extremely upset that I could not pass the polygraph so my previous therapist discharged me for it. They tried covering it up by saying I was not performing or doing the work
getting kicked out of Align.WAV
Status Conference Memo 09232022.pdf

why do they record you during a polygraph examination?
easy, IMPOSITION OF SENTENCING FACTORS (3553) (a).  in other words….factors are added for a sentence outside your specific range. if you judge wants to sentence you outside of your specific range that is suggested by the US sentencing commission.  the judge has to reflect the factors on the (statement of reason SOR).  new factors are introduced during probation without jury trial. the recording comes into play and needs to be analyzed for voluntariness and to show you weren’t compelled to make such statement.  Remember, any compelled statements cannot be used. don’t help them dig your own grave!!!!!!

Legal quote:
3553 (a) imposition of sentence
(2) is not of the kind, or is outside the range, described in subsection (a) (4), the specific reason for the imposition of a sentence different from that described, which reasons must also be stated with specificity in a statement of reasons form issued under section 9904 (w) (1) (B) of title 28 USCS 994 (w) (1) (B), except to the extent that the court relies upon statements received in CAMERA in accordance with federal rule of criminal procedure 32. in the event that the court relies upon statements received in CAMERA in accordance with federal rule of criminal procedure 32. the court shall state statements were so received and that it relied upon the content of such statements. 

USE THE CAMERA AGAINST THEM !!!!!!!!!!!!!!!!!!
in other words, your getting compelled to making such statement, because the penalties they give you for ….so called failing the polygraph. they charge you for the test, give you a curfew and/or assign you to the halfway house until you pass. in other words, you being forced to self incriminate yourself by US probation. 
https://www.uscourts.gov/services-forms/residential-reentry-center-probation-supervised-release-conditions
C 4 “It may also serve as a negative consequence or controlling intervention in response to noncompliance with conditions of release.”

They are taking your liberties!  mention all the methods that probation is doing to you. this way if you appeal your violation/sentence, you felt threaten and compelled to make statements which cannot be used. understand you have the right to immunity and making you go through these penalties without immunity is complement in itself.  understand your in trial every time your under that camera so make you argument, use that camera !!!!!!!!! https://www.law.cornell.edu/rules/frcp/rule_30
objections: rule 30 (c) (3) must be noted on the record, but the examination still proceeds. You also have the right to object to the way the deposition (oral examination/polygraph is conducted in bad faith) Rule 32 (d) (3) https://www.law.cornell.edu/rules/frcp/rule_32

My P.O. wants me to sign a form to add more conditions of release?
the more conditions you consent to the higher the recidivism (violations). a P.O. cannot make you sign any new conditions unless it’s related to your crime. example, if you blabbed about being drunk during you crime and blamed it on the booze and it’s not listed on your conditions of release. now guess what…she wants you to sign!!!  Yeah, and she can get away with it cause you admitted it was a factor in your crime. any new conditions of release must be related to your crime (factor) not just because she wants you to stop drinking for your health.  understand, the more additional conditions you allow and sign without a fight. they will use this as a factor in your case to keep you in probation. anything you sign will be used against you in a 5- life !

I’ve passed a poly and never went through this before?
look if you can actually relax and be a meditation master than great. understand though you are giving disclosures and maybe enough to pass the poly without the tech presenting you with a post interrogation. I’m also saying the closer you get to 5 – years in probation they will push for more disclosures so they can keep you in lifetime probation.  the polygraph is a mind game to elicit more disclosures even if you are relaxed enough to pass the poly.  they can still play the game. are you going to fall for it? think about it., have you ever watched your recordings and has a tech showed you the actual results? some tech will notice your relaxed and passed. He will still tell you there was some problems and monitor your re-action.  Now if you act extremely surprised and convinced him you were shocked. He mostly likely believe you based on you re-action to the results. Even though it’s crap!  They use the results to shock you that creates prejudice and the results are not admissible as well as the post interrogation disclosure considering it’s not listed on your oral examination.  rule 37 (c) https://www.law.cornell.edu/rules/frcp/rule_37
They must mentioned to you the exact questioning and structure of the oral examination that will be presented as evidence so you not caught off guard! rule 26 (a) (2) https://www.law.cornell.edu/rules/frcp/rule_26#rule_26_d
example of case White marlin open inc v. heasley civil action no RDB-16-3105 

How to pass a polygraph?:
someone told me to take a melatonin pill 20 minutes prior. You can try this, when a questioned is asked answer yes or no, count up to 20 seconds in your head: to subconsciously stop you mind from reacting to the question.  if he wants to know why your failing the porn questions, tell him you drive by a strip club and it brought up some past pop up thoughts. then you P.O. will tell you take another route to work…yeah.  

refernce links:
https://www.uscourts.gov/services-forms/authority-probation-supervised-release-conditions#federal_supervision
https://oncefallen.com/

Does anyone have the total cost of operating the registry? I mean everything, from the states cost to lawsuits to the federal funding to the states as an incentive to stay in compliance with SORNA? What about the costs for housing those in violation of the statutes? I’m curious what the total cost is for it all. Anyone?

In CA, can someone convicted of a sexual offense, but no longer on any registry, legally change their name? 🤔

GREAT NEWS Just received information that my Petition for release from REGISTRATION has been granted by the Court. I worked with LA Country Public Defenders Post Conviction Department. My offense was 664/288(a) and released in 2003. They filed for me in Feb and was formally granted on May 5, 2023,
Thanks to Janice an this site for support and caring as I battled with this situation. GOOD LUCK AND WISHES TO ALL WHO ARE STILL WORKING TO RELIEF AND KNOW IT CAN HAPPEN