Do laws and policies in the criminal justice system really reflect what the American public wants? A Penn State professor discusses the reality of the prison system, recidivism rates among offenders, and Megans Law.
Wednesday, April 14, 2010
REALITY IN PENNSYLVANIA
Monday, April 12, 2010
LET'S REPLACE A LIBERAL WITH A LIBERAL
From gamso-forthedefense.blogspot.com:
Here We Go Again
So Stevens has made it official. Obama gets another pick. The Republicans are taking the field in an effort to
1.Scuttle any nomination because as the Party of No that's their job;
2.Encourage Obama to appoint John Yoo thereby completing his transition into a kindler, gentler George W. Bush;
3.Rally the American people behind the idea that the court's job is to return to the Original Intent of the Framers of the Constitution: Economic Liberty and Freedom from British Tyranny for Rich White Guys and Oppression for Everyone Else;
4.Convince the American people that their only hope for the future is to ensure that no Democrat ever again holds elective office except maybe in San Francisco;
5.Prevent Obama from appointing a communist baby killer who favors requiring public school children to be taught exclusively by homosexual teachers who refuse to recite the pledge of allegiance and who is secretly in league with Al Qaeda to ensure the overthrow of the United States and the introduction of Sharia law here - you know, someone like Obama himself; or
6.Get Obama to appoint someone they like and then demonstrate their bipartisan spirit by (choose one):
•Voting for the person
•Voting against the person
Norm Pattis has begun beating the drum for Obama to appoint a trial lawyer. His plaintive cry:
Is it too much to ask for one lawyer who wakes up every morning, looks a frightened client in the eye, and says, simply, "I'll do my best"?
He's right, of course. One wishes for such a person. Someone who's defended real people against the power of the state, who's stood up to powerful corporations, who has devoted her life actually to fighting for individuals.
Equally, he's wrong, of course. It is, almost certainly, too much to ask. With Sotomayor, whose experience as an actual lawyer was in enforcing the power of the state against individuals, we came as close as we're likely to come to such a Justice.
Of Brian Tannebaum's fantasy of Greenfield for SCOTUS? Sure. As soon as Eric Turkewitz actually gets appointed legal blogger for the White House.
I've never met Obama. I have no inside information. But the guy's not a radical no matter what Newt Gingrich says. He's shown no inclination to appoint to much of anything anyone who looks controversial. That means a safe pick.
•It means someone the Republicans won't hate however much they claim they do and even if they won't vote for confirmation.
•It means someone who's most radical mantra is likely to be "with all deliberate speed."
•It means someone who believes in the American Dream because "it darned well worked for me and everyone I hang out with."
•It means someone who can look at the Senate Judiciary Committee and say with a straight face:
I have no ideas that are relevant to being a judge and never have had any; I understand that the job of being a Justice is like any other job that requires some arcane knowledge but no insight; I recognize that the mainstream of constitutional interpretation involves not actually interpreting it but understanding that the Constitution means what it says. Except for parts of the First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, and Fourteenth Amendments and all of the Ninth and Tenth Amendments, except maybe not the Tenth all the time, and I'm actually on both sides of the question when it comes to the First and Second.
The Democrats will praise that person with the adopted persona for its wisdom. The Republicans will say they don't believe the person is telling the whole truth. There will be lots of posturing.
Let the Games Begin.
FORMER PROSECUTOR GETS 21 MONTHS
From sexoffenderissues.blogspot.com:
--------------------------------------------------------------------------------
Original Article
Just flip the roles and a man doing the same to two teenage girls, and he'd be in prison for a lot longer than 21 months.
04/09/2010
By Steve Lieberman
NANUET — A former prosecutor left state prison Thursday after spending 21 months behind bars for having sex with two underage boys.
_____, 46, the mother of four children, is living at 395 Avalon Gardens with her parents as a Level 2 sex offender, considered a moderate risk.
She is looking to appeal that classification by Judge Catherine Bartlett down to a minimum risk of Level 1 offender.
Bartlett sentenced _____ in July 2008 to two years in state prison on her guilty plea to third-degree rape and third-degree criminal sexual act.
_____ admitted she had intercourse with a 16-year-old boy in July 2007 and performed oral sex several times with a 15-year-old boy, including once in the bathroom of her Sloatsburg home in July 2007.
The 16-year-old boy had been dating _____'s eldest daughter at the time.
_____ provided alcohol and marijuana for the young men during parties at her home and urged her children to keep the information from their father, who was away.
_____'s action led to her disbarment as a lawyer, losing her job as a Ramapo deputy town attorney, and estrangement from her children. Her husband, Spring Valley Police Chief _____, filed for divorce.
_____'s lawyer, Gerard Damiani, argued for a maximum of six months in jail, noting similar offenders across the state got such sentences. Her pre-sentence reported noted she was not likely to repeat her offense.
While the Rockland District Attorney's Office considered _____ a child predator , prosecutors had been willing to accept a six-month jail sentence with 10 years probation.
Bartlett insisted on state prison time for _____.
A Rockland grand jury indicted _____ in January on five felony sex counts, five misdemeanor counts of third-degree sexual abuse and 25 misdemeanor counts of endangering the welfare of a child.
The endangering counts involved the providing or sharing of alcohol and marijuana with the two boys and five other minors during July and August 2007. She did not plead to those counts.
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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
ISN'T THIS IN CONFLICT WITH IN RE E. J.?
If you couldn't track a sex offender in Massachusetts before the law went in effect in 2006 there, then why enforce any of Jessica's Law in California before 2006?
From sexoffenderissues.blogspot.com:
Original Article
04/07/2010
By Mike Beaudet
BOSTON - The state's highest court heard arguments today in a case that could decide whether judges have the ability to force convicted sex offenders to wear GPS bracelets.
The sex offender at the center of today’s hearing was the subject of a FOX Undercover report earlier this week. The mother of his victim, who was 7-years old when he was kidnapped and raped, told FOX Undercover that she fears another child will be molested without closer scrutiny of him.
_____, a Level 3 sex offender, is not wearing a GPS bracelet now as he walks around his Lowell neighborhood filled with children. He lives across the street from a playground.
He was released last year after spending nearly 20 years in prison. He pleaded guilty in 1990 to luring his victim away with a game of hide-and-seek, then raping him repeatedly throughout the night. The following morning he put the boy in a cardboard box, carried him outside and left him on a street corner so a cab he called would pick the boy up and take him home. Before going to prison, he was investigated for allegedly molesting five other children in 1980s.
FOX Undercover caught up with _____ as he left his apartment.
- Media vigilantism! The man is clearly living by he law, and if not, then they should contact the police and let the police do their job, but, they have to get their big story!
“Do you think you should be monitored by GPS, sir?,” FOX Undercover reporter Mike Beaudet asked him.
“No, I don't,” he replied.
“Do you still have urges to molest children?” Beaudet asked.
“I don't molest children,” _____ replied.
“Are you dangerous?” Beaudet asked.
“No, I'm not. Please leave me alone,” _____ said.
Before today’s hearing, the Middlesex District Attorney’s office tried to get a Superior Court judge to put a GPS bracelet on _____, but the judge, Kathe Tuttman, refused, claiming her hands were tied. She cited a ruling from the state's highest court last year, which stated the 2006 law requiring sex offenders on probation to wear GPS devices cannot be applied to sex offenders convicted before the law passed.
But the victim’s mother told FOX Undercover that the judge made a bad decision letting _____ out without a GPS device.
“He should have had it on there. The day he got out of prison. The day he got out,” she said.
- So by putting a GPS on him, that is just a false sense of security. If he is truly dangerous and wants to commit a crime, he will, with or without GPS. [The same with Phillip Garrido. He was put on GPS, but when he went to UC Berkeley the day before he was arrested, the GPS didn't sound off. As in the case of John Albert Gardner III, he was required to report that his GPS batteries died to his parole officers and didn't, BUT he was not sent back to prison, and then to Atascadero State Hospital.]
Now the DA’s office is trying again to have a GPS device put on _____, arguing before the Massachusetts Supreme Judicial Court today that judges do have discretion to order GPS monitoring in cases like _____’s.
The state’s public defenders, representing _____, say he should not have to wear a GPS bracelet because it would be a burden on his liberty and privacy.
During the hearing, Justice Judith Cowin asked why a tracking device shouldn’t be put on _____ since his freedom is already limited by his having to report to a probation office every day.
“So why couldn't wearing a GPS bracelet be part of intensive supervision as the sentencing judge ordered?,” Cowin asked.
“Because (of) the intensive supervision that's in place now. He's compliant with. It's working,” replied _____’s attorney, Beth L. Eisenberg.
The SJC is expected to issue a written decision within 130 days.
PRISON RAPE SHOULD BE STOPPED YESTERDAY
Government, /Crime-Police, Prisons
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Original Article
04/08/2010
Even by the standards of the Texas justice system, the number of rapes committed in our prisons is astounding. And it's even more appalling that most of the rapists are corrections officers — the very people charged with enforcing our laws.
The Bureau of Justice Statistics reports that of the 10 U.S. prisons with the highest rates of sexual abuse, five are in Texas. The Estelle Unit, in Huntsville, is No. 1 on that wretched list.
Nationwide, 4.5 percent of prisoners report that they've been sexually victimized in the last 12 months. At the Estelle Unit, it's 15.7 percent. Assuming that Estelle is running near its capacity, that means roughly 470 people are raped there each year; many of those victims are raped more than once.
The other four Texas prisons on the list — the Clements Unit in Amarillo; the Allred Unit near Wichita Falls; the Mountain View Unit near Gatesville; and the Coffield Unit near Tennessee Colony — had rates between 9.3 percent and 13.9 percent.
Most often, according to the Bureau of Justice Statistics surveys, the rapists are corrections staff. The prisoners most at risk tend to be the weakest: women, gay men, juvenile offenders, the mentally disabled, the physically small and those new to life behind bars.
In every state, it's a crime for corrections officers to have sex with prisoners, whether it's consensual or not. But that crime is rarely prosecuted.
That needs to change. And lately, we have reason to hope that it will.
In 2003, George W. Bush signed the Prison Rape Elimination Act, which prompted the studies we're quoting. Attorney General Eric Holder (Contact) hopes that soon he'll be able to implement the actions those studies suggested. Some of those common-sense standards seem easy to put into effect: Have a written policy of zero tolerance toward all forms of sexual abuse, whether by prisoners or corrections personnel; make it mandatory that staff report any suspicions; assess inmates' risk of abuse; protect those most in danger. (Meaning: Don't put a scrawny, new-to-prison 18-year-old in the same cell as a big, violent known rapist.)
Harder to change, though, will be the code of silence that protects staff at many prisons. As Linda McFarlane, deputy director of Just Detention, recently told the Chronicle, each prison “is sort of an entity unto itself.” For that reason, one of the recommendations under consideration is particularly important: requiring regular independent audits of every prison or jail and making that data public.
How much do we need those independent audits? Consider the West Texas State School, a juvenile prison repeatedly praised by the Texas Youth Commission's internal quality assurance monitors — even as the school's staff was complaining to their higher-ups, and even to officials in Austin, that two high-ranking officials had been sexually abusing teenage inmates for more than a year. A volunteer alerted the Texas Rangers, and an investigation uncovered significant evidence that the officials used a combination of bribes and threats to ensure both cooperation and silence. After refusing advances, one boy was locked in solitary confinement for more than 13 hours.
Even after that investigation, neither the area's district attorney nor the Department of Justice pressed charges against the two men, who found jobs elsewhere (one at a school). Only after the Texas Observer broke the story, and the scandal became public knowledge, did anyone act to clean up the school.
Secrecy is sexual abuse's best ally. And in prison, it's all too easy to keep secrets.
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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
I THOUGHT ILLINOIS WAS BEYOND THIS!
Original Article
For years, politicos and media types had been yelling that residency restrictions and serving entire sentences behind bars were necessary for the safety of the community. We have been harping that dumping someone in the community after maxing out in prison into a society ready to do everything they can to make it difficult for the registered sex offender to re-integrate back into society INCREASES the chance of reoffending. Well, you reap what you sow! A man who was maxed out, never had treatment and never was monitored through parole, committed sex offenses against children within his first year of release.
04/08/2010
By Megan Twohey
After his prison sentence came to an end in April 2007, child sex predator _____ was supposed to undergo one year of tightly controlled supervision as he transitioned back home -- with electronic monitoring, mandatory therapy and frequent meetings with a parole officer.
But because he could not find a place to live that met Illinois' ever-expanding sex offender housing restrictions, _____ served parole behind bars and then was released into Cook County without monitoring.
Faced with complete freedom, he quickly returned to his predatory ways, attempting to lure young children into his Berwyn apartment for sex, court records show.
_____' case illustrates a growing danger in Illinois. A Tribune review has found that the state's sex offender housing laws, enacted over the past decade with the goal of protecting the public, may be having the opposite effect.
Thousands of sex offenders have remained in prison for parole and then been returned to the streets without oversight or treatment. These offenders are less likely to register their addresses than those serving tightly monitored paroles in the community. They also are more likely to reoffend, sometimes repeating the same sex crimes, the review found.
For example, within a year of his release, _____ was convicted of trying to abduct children between 4 and 12 years old and soliciting sex acts from them. And _____, released into Des Plaines, was convicted of aggravated criminal sexual abuse of a young relative, while _____ was charged with killing a man in Chicago with a broken bottle after what investigators said could have been a sexual solicitation gone wrong.
Of the 1,292 sex offenders discharged in fiscal 2008 after serving parole behind bars, 28 percent were listed as missing, not having registered their address or not being up-to-date with their registrations, compared with 23 percent of the 1,868 sex offenders paroled into the community.
Another 21 percent of the discharged offenders returned to prison, a slightly higher rate than those who were paroled. But in most cases, offenders monitored in the community were sent back to prison for technical parole violations, in many cases housing-related problems, while the discharged offenders were convicted of new crimes.
Sex offender housing restrictions have long been criticized by civil liberties advocates, who argue that it's unjust to banish any segment of society, and by criminal justice experts, who say it's more productive and cost-effective for most offenders to undergo parole supervision and treatment in the community.
Now some victims' advocates and members of law enforcement are echoing the calls for reform.
"There's a growing awareness that these housing restrictions make politicians feel good, but don't protect victims or prevent crime," said Kaethe Morris Hoffer, a legal director at the Chicago Alliance Against Sexual Exploitation.
The restrictions were prompted by several high-profile attacks on children in the 1990s, among them the abduction, rape and murder of 7-year-old Megan Kanka of New Jersey by a convicted sex offender who was the family's neighbor.
The first wave of laws required that convicted offenders register their addresses or face arrest. They were followed by actual prohibitions on where offenders could reside.
In 2000, Illinois passed a law that prohibited child sex offenders from residing within 500 feet of schools, parks and day care centers. Some municipalities went further, setting the distance at 1,000 feet or more.
Illinois Attorney General Lisa Madigan's (Contact) office pushed for a 2004 law that, among other things, allowed parole officers to prevent all sex offenders, not just those who targeted children, from living in such areas.
One year later, lawmakers from Chicago championed legislation that made it illegal for more than one sex offender to live in the same apartment complex unless it was a transitional housing facility that met strict state licensing requirements, such as 24-hour-a-day security. They were upset that offenders from across the state were landing in high concentrations on the city's South and West sides after prison.
"It's a dangerous world out there," said state Rep. Kevin Joyce (Email), D-Chicago. "We want to help protect our kids."
Since then, the number of transitional housing beds for sex offenders in Illinois has dropped from more than 200 to 26. Today, there is only one halfway house licensed by the state. The facility, in East St. Louis, has a waiting list of more than 1,300 inmates.
The Illinois Department of Corrections has stopped releasing offenders for parole who do not have an acceptable place to live.
There are as many as 1,800 of these refusals to release each year, according to the department. In many cases, inmates have been walked to the prison door on the day of their scheduled release, only to be turned around and reprocessed all over again.
"We won't release them if they don't have a place to live," said Alyssa Williams-Schafer, the department's coordinator of sex offender services.
This turnaround policy has come under fire from civil rights advocates, including a team of Chicago attorneys who filed a federal lawsuit against the Department of Corrections alleging that the offenders' constitutional rights to due process and equal protection are violated when they are forced to remain behind bars because they can't afford a place to live.
Other critics question the one-size-fits-all application of housing restrictions, seeing a significant difference in the small percentage of sex offenders who target strangers, for example, and the so-called "Romeo and Juliet" cases, in which older boyfriends are convicted of criminal sexual abuse for having consensual sex with their younger girlfriends.
"The boyfriend-girlfriend thing with an age difference is different from a person who kidnapped a 7-year-old girl or boy," said Laimutis Nargelenas, a lobbyist for the Illinois Association of Chiefs of Police. "Maybe the housing laws should only apply to the most serious sex offenders."
Less visible are the safety concerns that come with releasing sex offenders without supervision.
When sex offenders serve parole in the community, they must wear electronic monitoring devices, participate in weekly counseling and undergo other strict monitoring.
Those who serve parole behind bars are not required to undergo counseling (most don't, Williams-Schafer said), and their length of parole can be cut in half due to "good time" credit applicable to inmates -- as was the case with _____. Once the parole comes to an end, the prison has no legal means to keep or monitor them once they are out.
"It's kind of scary as a woman out on the street," said Tracie Newton, supervisor of the state's sex offender registry.
Even those convicted of sex offenses see the heightened risks in such scenarios.
A 32-year-old sex offender serving parole in Chicago said many of the participants in his weekly sex offender treatment sessions make him nervous. He was not surprised that those released without any monitoring after serving parole behind bars are less likely to register their address and more likely to commit other crimes.
"It's more dangerous to society if the person maxes out parole in prison and then just leaves straight up," the sex offender said. "Some people require a lot of attention."
Madigan's office in 2007 began tracking down sex offenders who disappeared after serving parole behind bars. Investigators have been able to locate no more than 60 percent of offenders, including many who landed back in prison. About 40 percent remain missing.
"They have disappeared into a black hole," said Cara Smith, Madigan's deputy chief of staff.
Last month, The Collaborative on Re-Entry, a coalition of community safety officials from across the state, pledged to find ways to address the unintended consequences of sex offender housing restrictions.
Absent reform, offenders such as _____ will continue to walk the streets without oversight.
--------------------------------------------------------------------------------
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
Original Article
For years, politicos and media types had been yelling that residency restrictions and serving entire sentences behind bars were necessary for the safety of the community. We have been harping that dumping someone in the community after maxing out in prison into a society ready to do everything they can to make it difficult for the registered sex offender to re-integrate back into society INCREASES the chance of reoffending. Well, you reap what you sow! A man who was maxed out, never had treatment and never was monitored through parole, committed sex offenses against children within his first year of release.
04/08/2010
By Megan Twohey
After his prison sentence came to an end in April 2007, child sex predator _____ was supposed to undergo one year of tightly controlled supervision as he transitioned back home -- with electronic monitoring, mandatory therapy and frequent meetings with a parole officer.
But because he could not find a place to live that met Illinois' ever-expanding sex offender housing restrictions, _____ served parole behind bars and then was released into Cook County without monitoring.
Faced with complete freedom, he quickly returned to his predatory ways, attempting to lure young children into his Berwyn apartment for sex, court records show.
_____' case illustrates a growing danger in Illinois. A Tribune review has found that the state's sex offender housing laws, enacted over the past decade with the goal of protecting the public, may be having the opposite effect.
Thousands of sex offenders have remained in prison for parole and then been returned to the streets without oversight or treatment. These offenders are less likely to register their addresses than those serving tightly monitored paroles in the community. They also are more likely to reoffend, sometimes repeating the same sex crimes, the review found.
For example, within a year of his release, _____ was convicted of trying to abduct children between 4 and 12 years old and soliciting sex acts from them. And _____, released into Des Plaines, was convicted of aggravated criminal sexual abuse of a young relative, while _____ was charged with killing a man in Chicago with a broken bottle after what investigators said could have been a sexual solicitation gone wrong.
Of the 1,292 sex offenders discharged in fiscal 2008 after serving parole behind bars, 28 percent were listed as missing, not having registered their address or not being up-to-date with their registrations, compared with 23 percent of the 1,868 sex offenders paroled into the community.
Another 21 percent of the discharged offenders returned to prison, a slightly higher rate than those who were paroled. But in most cases, offenders monitored in the community were sent back to prison for technical parole violations, in many cases housing-related problems, while the discharged offenders were convicted of new crimes.
Sex offender housing restrictions have long been criticized by civil liberties advocates, who argue that it's unjust to banish any segment of society, and by criminal justice experts, who say it's more productive and cost-effective for most offenders to undergo parole supervision and treatment in the community.
Now some victims' advocates and members of law enforcement are echoing the calls for reform.
"There's a growing awareness that these housing restrictions make politicians feel good, but don't protect victims or prevent crime," said Kaethe Morris Hoffer, a legal director at the Chicago Alliance Against Sexual Exploitation.
The restrictions were prompted by several high-profile attacks on children in the 1990s, among them the abduction, rape and murder of 7-year-old Megan Kanka of New Jersey by a convicted sex offender who was the family's neighbor.
The first wave of laws required that convicted offenders register their addresses or face arrest. They were followed by actual prohibitions on where offenders could reside.
In 2000, Illinois passed a law that prohibited child sex offenders from residing within 500 feet of schools, parks and day care centers. Some municipalities went further, setting the distance at 1,000 feet or more.
Illinois Attorney General Lisa Madigan's (Contact) office pushed for a 2004 law that, among other things, allowed parole officers to prevent all sex offenders, not just those who targeted children, from living in such areas.
One year later, lawmakers from Chicago championed legislation that made it illegal for more than one sex offender to live in the same apartment complex unless it was a transitional housing facility that met strict state licensing requirements, such as 24-hour-a-day security. They were upset that offenders from across the state were landing in high concentrations on the city's South and West sides after prison.
"It's a dangerous world out there," said state Rep. Kevin Joyce (Email), D-Chicago. "We want to help protect our kids."
Since then, the number of transitional housing beds for sex offenders in Illinois has dropped from more than 200 to 26. Today, there is only one halfway house licensed by the state. The facility, in East St. Louis, has a waiting list of more than 1,300 inmates.
The Illinois Department of Corrections has stopped releasing offenders for parole who do not have an acceptable place to live.
There are as many as 1,800 of these refusals to release each year, according to the department. In many cases, inmates have been walked to the prison door on the day of their scheduled release, only to be turned around and reprocessed all over again.
"We won't release them if they don't have a place to live," said Alyssa Williams-Schafer, the department's coordinator of sex offender services.
This turnaround policy has come under fire from civil rights advocates, including a team of Chicago attorneys who filed a federal lawsuit against the Department of Corrections alleging that the offenders' constitutional rights to due process and equal protection are violated when they are forced to remain behind bars because they can't afford a place to live.
Other critics question the one-size-fits-all application of housing restrictions, seeing a significant difference in the small percentage of sex offenders who target strangers, for example, and the so-called "Romeo and Juliet" cases, in which older boyfriends are convicted of criminal sexual abuse for having consensual sex with their younger girlfriends.
"The boyfriend-girlfriend thing with an age difference is different from a person who kidnapped a 7-year-old girl or boy," said Laimutis Nargelenas, a lobbyist for the Illinois Association of Chiefs of Police. "Maybe the housing laws should only apply to the most serious sex offenders."
Less visible are the safety concerns that come with releasing sex offenders without supervision.
When sex offenders serve parole in the community, they must wear electronic monitoring devices, participate in weekly counseling and undergo other strict monitoring.
Those who serve parole behind bars are not required to undergo counseling (most don't, Williams-Schafer said), and their length of parole can be cut in half due to "good time" credit applicable to inmates -- as was the case with _____. Once the parole comes to an end, the prison has no legal means to keep or monitor them once they are out.
"It's kind of scary as a woman out on the street," said Tracie Newton, supervisor of the state's sex offender registry.
Even those convicted of sex offenses see the heightened risks in such scenarios.
A 32-year-old sex offender serving parole in Chicago said many of the participants in his weekly sex offender treatment sessions make him nervous. He was not surprised that those released without any monitoring after serving parole behind bars are less likely to register their address and more likely to commit other crimes.
"It's more dangerous to society if the person maxes out parole in prison and then just leaves straight up," the sex offender said. "Some people require a lot of attention."
Madigan's office in 2007 began tracking down sex offenders who disappeared after serving parole behind bars. Investigators have been able to locate no more than 60 percent of offenders, including many who landed back in prison. About 40 percent remain missing.
"They have disappeared into a black hole," said Cara Smith, Madigan's deputy chief of staff.
Last month, The Collaborative on Re-Entry, a coalition of community safety officials from across the state, pledged to find ways to address the unintended consequences of sex offender housing restrictions.
Absent reform, offenders such as _____ will continue to walk the streets without oversight.
--------------------------------------------------------------------------------
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
Thursday, April 8, 2010
THIS IS REALLY CAMBODIA'S PROBLEM, BUT THIS PREDATOR WILL GET HIS DUE PROCESS HERE
A Sex Offender Who Evaded the System
Registered Sex Offender Michael Dodd Slipped Through Cracks From Florida to N.Y. to Cambodia
By DAN HARRIS, ALMIN KARAMEHMEDOVIC and
AUDE SOICHET
Convicted sex offender Michael Dodd could face up to 30 more years in prison if convicted on new charges of traveling abroad to have sex with a minor.
Convicted sex offender Michael Dodd could face up to 30 years in prison for traveling abroad to have sex with a minor.
(http://offender.fdle.state.fl.us)In February, the FBI arrested Dodd and returned him to the U.S. from Cambodia, where he was serving time after being convicted of having sexual relations with a teenager.
He is being held without bail in Los Angeles.
Before he was arrested earlier this year, we met Dodd, 61, in the Cambodian capitalof Phnom Penh, where he was accused of attempting to arrange a marriage to a 14-year-old girl. At the time, Dodd was still on parole for abusing children in America, but got lost in the system.
Recent headlines have been dominated by allegations of law enforcement and parole lapses in cases of convicted sex offenders, from Phillip Garrido, who was accused of holding Jaycee Dugard captive in his backyard for 18 years, to John Gardner, another paroled sex offenderwho was accused of raping and killing California high school student Chelsea King.
The Michael Dodd case provides a blow-by-blow example of how easy it is for a convicted child sex offender to simply slip through the cracks, especially overseas.
We traced Dodd's path from the suburbs of Orlando to upstate New York to Cambodia, which has long been a top destination for pedophiles from the United States and all over the world, according to law enforcement officials and humanitarian groups.
But Dodd's story began in 2001 on the island of Saipan, part of the U.S. Commenwealth of the Northern Mariana Islands, where he worked as a reading evaluator at an elementary school, and was arrested and convicted for abusing students.
Dodd "basically took advantage of an opportunity when he was testing these children on their reading. They would be alone together in a classroom and the child would be reading and that's [the] time when he molested them," said Kevin Lynch, who prosecuted Dodd for abusing students. "It was obvious from the get go that it was a very serious case."
Eighteen children -- all first and third-graders -- came forward, including Jesus Sablan's seven-year-old daughter. She told her mother that Dodd put his hand down her shirt.
"I was boiling mad when I heard that from my daughter," Sablan said. "I just felt at that time like going over and finding that guy and ringing his neck out. That's how mad I was."
In an eerie hand-written confession obtained by "Nightline," Dodd tried to explain his abuse, blaming it on everything from lack of affordable local restaurants to the incompetence of the local cable television company.
In April 2002, Dodd pleaded guilty to molesting five children and got a 10- year sentence. But in May 2006, after less than five years behind bars, Dodd went before the parole board for a third time and they voted to let him go.
"I cannot read the individual's mind," said Ramon Camacho, chairman of the parole board of the Northern Mariana Islands.
Camacho said he thought Dodd would be safe in the community.
Dodd's Dangerous Odyssey
Dodd's next stop was Guam, authorities say, which is also an American territory. He was subjected to tough parole conditions there: a curfew; random visits from parole officers; no unsupervised contact with children.
Just six weeks after Dodd arrived, the local parole chief reached a stunning decision: Dodd's request to move to the state of Florida would be granted -- even though all of his parole conditions would no longer apply.
"He seemed like a person that wanted to do well," said Michael Quinata, Guam's chief parole officer. "I didn't sense that [he was going to reoffend] because he was very compliant."
Given what happened next, Quinata said: "I think we got played."
Dodd Allegedly Lures Girl in Orlando
Six weeks out of prison for sexually abusing children, Dodd moved into a house in suburban Orlando. There, officials say, he seemed to be trying once again to befriend young children.
Jennifer Roberts, a grandmother who lived across the street, said Dodd called a young girl into his yard.
"My husband was test driving my motorcycle and he went around the corner and saw [Dodd] out there [talking] to our neighbor's little girl and he had a little puppy with him," she said. "And when my husband came back he said you better call the police."
Though the police came and spoke to Dodd, they did not put him on parole supervision. Sgt. Glen Hall of the Lake County Sheriff's office, in Tavares, Fla., said he had no legal authority to increase Dodd's supervision, as he said he was responsible for sex offender registry supervision only and had no parole authority.
"We did everything we could do as far as making sure he was in compliance, checking in on him," Hall said. "It's absolutely scary -- especially knowing his background. There's no doubt about it."
Hall said that he wouldn't have even known how to sound the alarm about Dodd's track record and admitted the system seemed to have completely failed in this case.
But this situation is not uncommon; of the more than 700,000 sex offenders in the U.S. today, 100,000 are missing, according to the National Center for Missing and Exploited Children.
"It's very frustrating. There's concern. There are worries there without a doubt," Hall said of the parole system. "You know they've already committed these offenses one time. When are they gonna commit again?"
Dodd Reportedly Displayed Interest in Kids in N.Y.
Dodd's case was about to get worse. In August 2007 -- about a year after getting out of prison -- he moved to Syracuse, N.Y., where he continued to display a worrisome interest in young children, a caseworker reported.
Judy Klenchik, who was Dodd's case manager at a homeless shelter, said he told her that he wanted to approach a young child on the street corner.
"Michael told me he saw the child standing on Gifford Street and he was concerned about that child and wanted to approach him," Klenchik recalled. "That was another really big red flag and concern."
Klenchik said she got truly alarmed when, a few months later, in December 2007, Dodd showed her a plane ticket to Cambodia, where he said he had a job teaching English to children.
Klenchik said she notified the parole board, but doesn't know what action they took.
"I don't know what they did when I notified them. I did everything that I could at that time to get the ball rolling to make that not happen," she said. "As far as I could go; I made the calls, I did what I had to do. I was praying that that plane wasn't going to leave for Cambodia."
But it did.
Cambodia: Dodd Cavorts with 14-Year-Old?
In Cambodia, Dodd was accused of attempting to arrange his marriage with a 14-year-old girl named Nang.
Dodd was shown on undercover video, complaining to Nang's mother that the girl was being insufficiently affectionate with him, despite the amount of money he had given the family.
"I just can't keep going like this anymore with her. I don't think she loves me," Dodd said on camera. "I really want to find out."
"Is there a word for mannequin? When I kiss her I feel like I'm kissing a statue. There's no reciprocity. She's just like a limp pillow," he said. "She's gotta understand that I can't wait to kiss her. A general, how are you kiss. And she avoids it, she shuns it."
"I want to ask: if we get married, is she ok to move to the states?" Dodd said on camera.
The translator said Nang didn't want to leave her family.
Dodd didn't know it, but undercover agents from a local anti-trafficking group called APLE, had started tracking him round the clock shortly after he arrived in Cambodia after they spotted him on the street with Nang.
APLE has made it its mission to identify suspected foreign pedophiles and to help gather enough evidence for the police to make an arrest.
Dodd Faces Up to 30 Years in Prison
Cambodia is a magnet for pedophiles. Local investigators took us into the seedy world where they say one can get anything for a price; a world where Dodd seemed to have completely and comfortably immersed himself.
In October 2008 -- 10 months after he arrived and more than two years after he got out of prison -- Cambodian police, in conjunction with the FBI, swooped in and arrested Dodd. They took him and Nang's mother into custody.
Dodd was sentenced to ten years in prison in August 2009. Outside the courthouse in Phnom Penh, we met Nang.
"Do you think Michael Dodd behaved inappropriately with you?" I asked her. "Did he sexually abuse you?"
"Yes," the translator said as the little girl nodded.
We watched as the girl was completely shunned by members of her own family, who blamed her for getting her mother in trouble. She was allowed to hug her younger brother.
After four years of evading the law, Dodd was brought back to the U.S. by the FBI in February 2010. He will stand trial for traveling abroad to have sex with a minor. If convicted, he faces up to 30 years in prison.
Dodd's long run of slipping through the cracks is over, but no one knows how many young victims may have been left in its wake.
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I'm also adding from sexoffenderissues.blogspot.com:
Many reporters, like Martin Bashir, claim to be fair reporters who report the truth and facts. Well in this video, he says that sex offenders have a high recidivism rate, but he doesn't quote his source. Well, I have many studies linked here, which disprove what he has said, but I am not making a news story to get viewers and ratings, now am I? The man they talk about in this video, may be a sick individual, and a threat to kids, but not all sex offenders are like this man. The news media and politicians continue to spread disinformation and paint all sex offenders as if they are all child molesting, pedophile predators who will kill your children. That is pure BS, and nothing but fear-mongering. Watch this video, and see if you can spot what I am talking about.