Category Archives: sex offenders

SOL eliminated for sex crimes with DNA evidence

Another important criminal justice bill [text of bill - Ctrl+F and search for "DNA"] signed into law by Governor Rell is this one that eliminates the statute of limitations for certain sexual assault crimes. There are two provisions however:

  1. The crime must have been reported within 5 years of its occurrence
  2. DNA must identify the perpetrator.

These are two very important restrictions. It is imperative when, years later, an individual is accused of a crime that the State be certain to a high degree that the individual is indeed the one who committed the crime. Imagine the severe hurdles if the SOL for all sex crimes was eliminated. It would be impossible to defend against.

Prison > Homelessness

A Pennsylvania man has made an unusual request: He wants to be given the maximum sentence after pleading guilty to giving a false name to police. This is after the prosecutor dropped the failure to register charge because he didn’t have a “domicile” as he was homeless. This is what it has come to.

Lareau J. Laube, 55, told Judge Stephen G. Baratta today he wanted the maximum sentence of a year in prison for giving police a false name. Baratta said Laube was one of the most unusual defendants with whom he’d ever dealt. He asked Baratta to impose the maximum penalty because he didn’t want to be released.

The judge sentenced Laube to six to 12 months and ordered that Laube be furloughed. However, he said county probation officials are to prepare a plan to assure Laube has a place to go. He asked Laube why he had been sleeping at the library.

“I didn’t have a place,” Laube said. “I’m homeless.”

Baratta said of state prison officials: “They dumped him out. There’s no social net anywhere to catch him.”

Yep. Score one for safety.

Sex offender homelessness is not an excuse

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 (click on image for full size)

In my post last night about Danbury’s desire to expel all sex offenders from its shelter, a helpful readers points to this NYT article about a homeless sex offender in Georgia who could be facing life in prison for failing to register.

The offender, Larry W. Moore Jr. of Augusta, was convicted in North Carolina in 1994 of indecent liberty with a child, a felony. This week he was convicted for the second time of violating a requirement that he register. Under the new law, a second violation carries an automatic life sentence.

“We have suggested that it is cruel and unusual punishment as it relates to the facts of this case,” said Sam B. Sibley Jr., the state public defender in Augusta, whose office represents Mr. Moore and is planning an appeal on his behalf.

This increased penalty is in conjunction with some tough residency restrictions: 1,000 feet of not only schools and day care centers but also churches, swimming pools and school bus stops.

There is only one shelter in Georgia that accepts male sex offenders. One. Sex offenders that cannot find housing have to resort to all sorts of living accommodations.

In Florida, the state authorized five offenders to live under a bridge in Miami after they were unable to find suitable housing that they could afford. In Iowa, a victims’ group found that offenders tried to comply with the registry law by offering addresses like “rest area mile marker 149” or “RV in old Kmart parking lot.”

I had a client once who was charged with failure to register. He was living under a bridge. I half-joked at the time that he should send in the registration form with “Under Charter Oak Bridge” as his address. Guess some people are actually doing it.

Then you get quotes like this:

Homelessness is not an acceptable excuse. “One of the requirements when you become a sex offender is you have to have an address,” said Sgt. Ray Hardin of the Richmond County Sheriff’s Office in Augusta.

Sergeant Hardin said enforcement of the law required a dedicated investigator, a global positioning system and, each time an offender moves, hours of paperwork. At least 15 sex offenders have been arrested because of homelessness since the law took effect in July 2006, according to documents gathered through pretrial proceedings in a lawsuit brought by the Southern Center for Human Rights and the American Civil Liberties Union.

Perhaps the police department can set up tents in their parking lots, where sex offenders can stay. This way, there’s zero cost of monitoring and these folks (some of them are human, too) have a roof over their heads.

Image license here

Danbury wants to kick sex offenders out of its shelter

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Anyone who has been following sex offender issues across the country knows that it is an extremely difficult task balancing the safety of the community and the human rights of sex offenders. But this is just plain ridiculous.

Danbury apparently has one of only three or four shelters throughout the state that do not have a prohibition on sex offenders living there. Danbury Mark Boughton is not happy (Boughton was most famously in the news for soliciting the help of Federal agents to crack down on illegal immigrants in Danbury)*.

“These people had nothing to do with Danbury before they were sent here,” Danbury Mayor Mark Boughton said. “Danbury is one of only five or six shelters in the state without a prohibition against sex offenders. This is outrageous.”

What’s outrageous is the fear-mongering. Sex offenders need somewhere to live, too. Or would you rather that they disappear into the wild and no one can keep tabs on them?

In a letter dated Wednesday to Chief Court Administrator William J. Lavery, Boughton wrote: “We have grave concerns of a concentration of sex offenders in our shelter, therefore, we are promulgating new rules that will only allow one or possibly two Danbury resident sex offenders present at any time.”

Concentration? There are only three sex offenders, Mayor, three. Apparently he’s okay with one or two sex offenders with prior ties to Danbury living in the Danbury shelter. I don’t see how it makes a damn difference where they come from. Does Danbury have special rules for living that these “outsiders” won’t know?

The homeless shelter on New Street has 15 beds in the summer and 20 in the winter, director Claudette Fogarty said. She said she isn’t there to judge who gets a bed at night and that people who were convicted of sex offenses stay at the shelter like other people, usually without a problem.

Fogarty said the shelter is open to people who are 18 years old or older. Families with young children do not stay there. She said sometimes the state’s probation office phones to ask if a particular person is staying there. She will answer, then alert the client about the call.

“They’re just people. This is my job,” Fogarty said. “It’s not my job to judge them.”

Fogarty said people on the state’s sex offender list have a tough time finding apartments, and the federal Department of Housing and Urban Development won’t let them have public housing.

“We’re bashing our heads against the wall on this,” Fogarty said. “These people need housing.

Fogarty said to the best of her knowledge – and she has been working at the shelter for 20 years – there has not been a problem caused by a person on the sex offender registry. The list includes anyone convicted of a sexual crime, not just those guilty of offenses against children.

Nothing more than plain old fear-mongering. SEX OFFENDER! BOO! Are you scared yet? Go crawl into your bed and lock your doors, the big bad anonymous, not yet violent SEX OFFENDER is out to get you!

Disgusting.

While we’re on this topic, the Saucy Vixen is asking for your help, criminal defense lawyers.

All sex offender related posts can be found here and residency restriction posts can be found here.

*See previous coverage of the immigration mess here, here, here, here, here, here and here . [Please be aware, all of these links are to posts that were written when I was on typepad. They were imported but the formatting in the blockquotes is all messed up. Sorry.]

Residency restrictions map

This [pdf] is a map of Tippecanoe County, IN, where “John Doe” is asking to be found not to be a sex offender anymore and also challenging the legality of residency restrictions [previous coverage here].

I know next to nothing about the geography of Indiana and even less about Tippecanoe County, but doesn’t it look like most of the inhabitable urban area of the county is covered by the restrictions?

KY: Residency restrictions not retroactive

A judge in Kentucky has ruled that residency restrictions cannot be applied to sex offenders that were convicted before the law went into effect.

Jefferson District Judge Donald Armstrong Jr. dismissed the cases of three Louisville men charged with living too close to schools and a youth treatment center, ruling that the law is unconstitutional because it adds punishment to their initial convictions.But Michael Goodwin, an attorney for one of the men, said Armstrong “has recognized that when an individual is punished by a judge and jury, the legislators can’t, many years later, adopt a second punishment for the same person.”

This was a Superior Court decision (Supreme Court for you New Yorkers), so this isn’t the end. In fact, a different Superior Court judge ruled that the restrictions were constitutional. KY’s Supreme Court will have to decide this sooner or later.

Under the old law, offenders had to live at least 1,000 feet — a fifth of a mile — from locations including a school building or licensed day-care center. The new law measures the 1,000-foot distance from the property line.The new law applies to all offenders, even if they are no longer on probation or parole, or under any type of judicial supervision.

Three years speedy enough?

By now I’m sure all of you have heard about the Judge that dismissed charges of sexual assault filed against Mahamu Kanneh, a Liberian immigrant who was granted asylum in the US, because the State took three years to prosecute. The sticking point was the inability to find a suitable interpreter – one who spoke the dialect “Vai”.

After three years, the judge said enough is enough and dismissed the charges. As details emerged, it became clear that interpreters had been found and used, but one couldn’t handle the facts, another had to leave for a family emergency and one was located on the day the dismissal was issued.

Not surprisingly, the blogosphere (and other places) is full of criticism for the judge. Naturally, I don’t see it that way. However severe the charges may be against him, the bottom line remains that someone was unable to locate an interpreter for three whole years.

If you do not think that the judge was right in dismissing the charges, then you are in favor of indefinite detentions while the State lethargically crawls ahead with its prosecutions.

There is a reason why all states have enacted Speedy Trial statutes (in fact, some have made it part of their Constitutions) and that is to protect against the awesome power of the state to charge and detain individuals for indefinite periods of time while they go about collecting their evidence.

Anyway, back to the story. What made me chuckle was this quote from the prosecutor:

In arguing to save the case, Assistant State’s Attorney Maura Lynch said that dismissing the indictment “after all the efforts the state has made to accommodate the defendant would be fundamentally unfair.”

It really is quite amusing that the State views fundamental Constitutional rights as “accommodating the defendant”. If I had even the slightest inkling that my client was unable to fully comprehend the scope of the legal proceedings against him, I would fight tooth and nail until I was sure that he was able to understanding what was going on.

Thoughts?