ACSOL President Catherine Carpenter, who is also an endowed law professor at Southwestern School of Law in Los Angeles, has identified and analyzed a method that can be used to win registrants’ cases in court. That method, known as the irrebuttable presumption doctrine, shifts the burden of proof to governments when they make allegations such as that all registrants pose a current danger to society and are very likely to re-offend. “Professor Carpenter has provided an extremely valuable tool to the registrant community in the research she has conducted that…
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WI: MURPHY’S LAW: Supreme Court Race All About Sex Offenders
Which is strange because the state high court will probably never rule on such cases. Just one day after the February 21 primary election, state Supreme Court candidate Janet Protasiewicz released her first ad for the general election, an attack on her opponent Dan Kelly entitled “Predator.” “Dan Kelly won’t keep our communities safe,” the ever-ominous voice of such ads informed us. “As a lawyer Kelly defended child sex predators who posed as ministers in order to prey on vulnerable young girls.” The ad goes on, adding more lurid detail,…
Read MoreGeneral Comments Mar 2023
Comments that are not specific to a certain post should go here, for the month of Mar 2023. 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.
Read MoreCA Court Blocks DOJ’s new SORNA Rule Because it Violated Due Process and First Amendment
Los Angeles: A California court last week blocked the Department of Justice’s new Sex Offender Registration and Notification Act rule because it violated due process and the First Amendment. “The DOJ almost never loses these cases. That they lost here goes to show just how far out on a limb the DOJ is with this rule,” said Caleb Kruckenberg, an attorney at Pacific Legal Foundation. “The rule clearly violated due process and free speech protections. And while the court felt bound by precedent to conclude that the rule didn’t violate the…
Read MoreCourt Grants Partial Motion for Preliminary Injunction in SORNA Regulations Case
A federal district court today issued a decision granting, in part, a motion for preliminary injunction that was pending in the SORNA regulations case. A copy of the court’s decision is being posted today on the ACSOL website, however, ACSOL must wait until the Pacific Legal Foundation (PLF) issues a press release before it publishes an article describing the court’s decision. PLF issued a press release regarding the decision on Wednesday, January 18. A copy of that press release is posted here on the ACSOL website. Download the PDF…
Read MoreGeneral Comments Jan 2023
Comments that are not specific to a certain post should go here, for the month of Jan 2023. 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.
Read MoreJanice’s Journal: Don’t Feed Oxygen to a Fire
ACSOL is aware that articles have been published and TV reports have been broadcast that are spreading misinformation about alleged early releases from prison of several hundred registrants in California. These false articles and reports claim that the registrants pose a current danger to the public. ACSOL has decided not to publish these articles and TV reports on its website because they are not based on reality. Instead, they are based on unsupported allegations made by an attorney in California who is a former prosecutor. The same attorney is also…
Read MoreGeneral Comments Dec 2022
Comments that are not specific to a certain post should go here, for the month of Dec 2022. 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.
Read MoreFrank Lindsay’s Health Continues to Improve
1/21/23 UPDATE: Frank Lindsay continues to heal outside the hospital. He requires oxygen 24/7 and is undergoing physical therapy. Frank received his tier assignment earlier this month and his petition for removal has been filed in the county where he resides. With luck and prayers, Frank will be off the registry as well as free from the use of oxygen tanks before the 4th of July. Original post: ACSOL leader Frank Lindsay’s health continues to improve although he remains hospitalized due to low oxygen levels. Frank was initially hospitalized…
Read MoreFederal Court Stops Lawsuit Challenging Denial of Base Access
A federal district court judge has stopped a lawsuit filed on behalf of a registrant who is also a military retiree and denied access to a military base solely because he is currently required to register. According to that judge, access to a military base is a privilege and not a right. The judge also noted that a base commander has absolute authority to control access to a military base. In addition to granting the federal government’s motion to dismiss the case, the judge denied plaintiff the right to amend…
Read MoreGeneral Comments Nov 2022
Comments that are not specific to a certain post should go here, for the month of Nov 2022. 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.
Read MoreSanta Cruz judge denies general ‘transient’ release to [former] “sexually violent predator”
SANTA CRUZ — The bid to release a twice-convicted rapist into the community without a set, permanent residence failed Tuesday. Bonny Doon residents rallied at the county courthouse in November to speak out against “sexually violent predator” Michael Cheek being housed on Wild Iris Lane. (Shmuel Thaler — Santa Cruz Sentinel file) Santa Cruz County Superior Court Judge Syda Cogliati ruled against a “transient release” petition by 71-year-old Michael Cheek, designated by the state as a sexually violent offender. In November, Cogliati approved Cheek to move under supervised release into a…
Read MoreJanice’s Journal: Halloween Is Here Again
Earlier this week I was preparing to write a column about Halloween when I was interrupted by a more pressing matter. I am glad that I was interrupted because the message of that column is no longer true. The original focus of my message was about Halloween and that is the focus of this column. The difference, however, is that the original column was going to address the seeming lack of Halloween restrictions being levied against registrants as well as the lack of media inquiries. Unfortunately, the actions of two southern…
Read MoreWA: Thousands of formerly incarcerated people in Washington allowed to vote with no carve-outs
WASHINGTON, USA — The November midterm elections are less than two weeks away and for thousands of people in Washington, it’s the first time they are eligible to vote under a new law that restored voting rights to formerly incarcerated people. “I was actually incarcerated at 17,” said Cyril Walrond. Walrond spent 17 years in prison and was released on Aug. 1 at the age of 34. “The very next day to register to vote and to vote in the primary, really gave me a sense of connectivity within my community, where…
Read MoreCA Court Grants Contested Petition for Removal from Registry
A judge in Pasadena Superior Court yesterday granted a petition for removal from the registry despite an objection filed by the Los County District Attorney. The petition was filed on behalf of an individual who was convicted 25 years ago in the same court and by the same judge. According to the District Attorney (DA), the registrant should be required to continue registration in order to “significantly enhance community safety.” The only evidence presented in support of this position by the DA were documents related to the initial charges and…
Read MorePLF Files Two Motions in SORNA Regulations Case
The Pacific Legal Foundation (PLF) this week filed two motions in the pending federal lawsuit challenging SORNA regulations that became effective earlier this year. One of those motions asked the court to approve the use of pseudonyms for four individuals identified as John Doe #1, John Doe #2, John Doe #3 and John Doe #4. The court granted that motion one day after it was filed. The second motion is a request for preliminary injunction which would, if granted, stop enforcement of some SORNA regulations. A hearing for this motion…
Read MoreGeneral Comments Oct 2022
Comments that are not specific to a certain post should go here, for the month of Oct 2022. 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.
Read MoreRebecca Myers: “I have spent 25 years treating serious sexual offenders – this is what I’ve learned”
“Sexual offenders can be deceitful and cruel. But they may also be ashamed and desperate to change. Helping them is the only way to prevent more victims.” ” ‘I’ve got a list of questions I’d like to ask you about your sexual offending against children, if that’s OK,’ I say. ‘You might find some of them … ‘ I pause, unable to find the words, ‘ … a bit detailed and personal.’ The grizzled old man sitting in front of me nods, but does not make eye contact. I don’t…
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