Tuesday, December 28, 2010

Obama Believes in Second Chances for Citizens

Obama Believes in Second Chances for Citizens
President Obama believes in Second Chances.. for everyone.. so, what will he do to Abolish the Public Sex Offender Registry?
Congress and the United States Government knows full well, once a person is on the public sex offender registry, their life is over.
There needs to be a Change.

Sex Offender Issues: CA - Sex Offender Registration Act Not Fully Retroactive

Sex Offender Issues: CA - Sex Offender Registration Act Not Fully Retroactive
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Homeless Sex Offenders Struggle With

Homeless Sex Offenders Struggle With

Saturday, December 18, 2010

Thanks, Daniel, for your article on "Truth and Lies"

 #1 Lie - ( told by legislators and politicians across America in order to enact laws that seem to be the right thing but are actually exacerbating the problem of what to do about people convicted of sex offenses) Sexual offenders often pose a high risk of engaging in sex offenses even after being released from incarceration. 943.0435 section 12 (2005) Similar claims are made by lawmakers all across the country to enact ordinances and other new laws.  

#1 Truth - There is a widely held but erroneous belief that sex offenders continually repeat their offenses. Authoritative studies indicate that 3 out of 4 adult sex offenders do not re-offend./S.A.T.A. cure sort news Fall 07`\ According to a fact sheet published by the national center on institutions and alternative sentencing 87% of once caught sex offenders do not go on to be re-arrested for a subsequent new sex offense while the naysayers in the media and some legislators and politicians continue to propagate the myth of high recidivism for convicted sex offenders. Their reporting is not based on corroborative data. However the N.C.I.A.S shows that their figures have been substantiated by multiple studies. Patty Wetterling is quoted as saying " most shocking to me is that sex offenders are less likely to re-offend than commonly thought "! The only fact material to subjecting offender to designation as a sex offender is a qualifying conviction with no consideration as to whether an offender is at risk to commit another crime. /894 So2d 924\ /538 U.S. 84 page17\ The recidivism rate for sex offenders according to the 2003 department of justice study is 5.3%. (95% do not re-offend).    

#2 Lie - Sex offenders are all scumbags who contribute nothing to society, have no life and can never change their ways!  

 #2 Truth - Sometimes teachers end up with sex offender charges such as former teacher Debra Lefave 12-05-07 USA Today. Sometimes they are politicians as in the case of Mark Foley (Newsweek 10-09-06) or representative Bob Allen who was caught requesting sex in a public bathroom during a vice sting (News journal 11-14-07) Everybody has heard about the catholic priest sex scandals but will somebody please bring to attention this local hero, In Lind, Nebraska a registered sex offender rescued a 3 year old boy wandering city streets while his parents slept. The registrant picked the child up and promptly drove to the nearest gas station to call police (USA Today 10-25-07 page 10a). Through treatment , community and family support , and personal commitment most persons who have sexually abused can become responsible members of society and those at risk to sexually act out can successfully learn ways not to abuse. (Yellow S.A.T.A. pamphlet). After pleading child sexual abuse years prior to the act (legislative) John Doe successfully completed a treatment program, remarried, established a business, was reunited with his family, completed supervision, was granted custody of a minor daughter, and after a courts determination was ruled not a pedophile who has a very low risk of re-offending. (538 U.S. 84).                                    

#3 Lie - The registry laws are legal and help protect society and our children from sex offenders.

#3 Truth - Savannah democrat Regina Thames says legislatures vote for statutes that do not work and even exacerbate the problem they are intending to fix, out of fear of not voting on any bill that sex offenders a hard time. For appearance sakes they vote for a bill that makes the streets less safe for children while likely violating registered sex offenders’ constitutional rights. (Prison Legal News Dec. 06, Volume 17 #2 ). To the general public the new laws being passed pertaining to people convicted of sex offenses seem like a fine idea, unfortunately these laws are built on hysteria and misconceptions. Even worse these laws shift resources away from preventing sexual abuse, supporting survivors and creating community safety! Despite no evidence to show that these laws protect children from sexual violence many states and locales continue to pass these laws that have been proven to promote public harassment, housing discrimination, physical assaults, murder and suicides! Even more disturbing is that residency requirements cause instability which increases the risk of re-offense. Research has shown that sex offenders with domestic stability are less likely to commit new sex offenses. The evidence is overwhelming these laws cause great harm to people subject to them as well as their families while supporters of these laws are unable to point to convincing evidence of public safety gains from these laws.              

Written by DanielC

Truth and Lies expanded edition coming soon!  =

Friday, December 17, 2010

Thursday, December 16, 2010

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Tuesday, December 14, 2010

Interviews with four convicted sexual predators --Part I and II

Part I and II of a four part series:



Poll - What is your idea of the perfect sex offender registry?

Take the "What is your idea of the perfect sex offender registry?"


Sunday, December 12, 2010

Deltona sexual predator receives state pardon


DELTONA -- A Deltona man listed as a sexual predator for eight years won a pardon this week after he told the governor's clemency panel he has received therapy, and the designation has kept him from finding steady work.

Gregory M. Allen, 49, must now petition the Florida Department of Law Enforcement to have his name and photograph removed from a state website listing sexual offenders and predators, said Jane Tillman, a spokeswoman for the Executive Clemency Board.

The board -- Gov. Charlie Crist and three members of the Cabinet -- granted Allen a pardon Thursday. Allen's was among 81 cases heard.

In a brief interview outside his Deltona home Friday evening, Allen and his wife said the family "just wanted to move forward" years after the 2001 arrest.

"The situation was blown out of proportion from the beginning," Allen said. "It just took time for the state to see I wasn't a threat to anyone."

Allen told the board his sexual-predator designation has made it difficult to get a good-paying job to support his wife and seven children in the home. He was remorseful about a sexual encounter with a minor in 2001, and said he's successfully completed therapy.

"Forgiveness, particularly at this time of year, is a very worthwhile message for all of us to be reminded of," Crist said after Thursday's meeting.

Cocoa police initially charged Allen with sexual battery and fondling a victim younger than 16, Florida Department of Law Enforcement records show. He entered a plea in Brevard County in 2002 to molesting a child between the ages of 12 and 16 and received probation, according to the records.

Keith Kameg, an agency spokesman, said Allen must apply to the FDLE to be taken off the registry. FDLE must review and confirm the pardon before Allen's name will be removed.

Tillman said no other information about why the board made its decision was a public record she could release.

Florida's Executive Clemency Board is comprised of the governor and Cabinet members Chief Financial Officer Alex Sink, Attorney General Bill McCollum and Agriculture Commissioner Charles Bronson.

The board rejected most of the clemency requests.

Allen, who worked for several years for a federal government agency, for an aeronautics technology company and served in the U.S. National Guard, said he has lived in his Deltona neighborhood for three years, and all his neighbors were notified of his sexual predator designation.

Allen said his 2001 arrest came after he sought therapy for what he called an "isolated incident" with a girl. Each therapist he contacted reported the incident to authorities, he said.

After Thursday's hearing, Sink expressed frustration with the state's classification of people as sex offenders even though they may have been convicted of consensual relations. She said it's an issue that needs more work by Gov.-elect Rick Scott and the three new Cabinet members who take office Jan. 4.

Copyright © 2010 The Daytona Beach News-Journal

Florida Action Committee (FAC) is currently restructuring memberships and seeking representatives for the state of Florida

Florida Action Committee (FAC) is currently restructuring memberships and seeking representatives from each county in the State of Florida. Anyone interested in joining us and working to make a difference in Florida, contact:

Florida Action Committee (FAC)
P.O. Box 470932
Lake Monroe, Florida

Please supply us with information as to who you are and what your motivation is for this advocacy.

FAC mission statement is as follows:

Florida Action Committee (FAC) intends to educate the public, media, and legislators with facts versus myths about sex offenders. FAC works to reform the SO laws and registry in Florida.
With Unity comes Change.”

FAC advocates for child safety by educating the public and our Legislators on ways to prevent child molestation and protect our children before molestation takes place.

FAC is constantly learning from the latest research and reach out to our media, legislators and public to make them aware of best practice risk assessments, ineffective, dangerous laws, and advocate for changes that would, and have been found to reduce recidivism.

FAC is looking for people who are negatively affected by these laws, their family members and loved ones, attorneys who would like to help keep our constitution alive and well, and other people and professionals who want to see what is right and effective for everyone done. Each and every single person can add their voices and talents to make a difference.

Our Legislature has been resistant to change even in the face of experience with the negative consequences of some of the laws, having been influenced by special interest groups.

Our Legislature has proved to us that there is power in numbers. We need many voices and many talents to help us in our work to achieve fact based laws that work to prevent child sexual abuse and decrease recidivism in a way that has been suggested over and over again by the experts.

For more information, visit http://www.floridaactioncommittee.org or the affiliated links below.


Please forward to others you might think interested.

Friday, December 10, 2010

Another example of over-extended fear based on the residency law.

Another example of over-extended fear based on the residency law.

Oklahoma- OKC molester removed from treatment, sent to prison

http://bp3.blogger.com/_v91X0X8kln4/SHGY79l9itI/AAAAAAAAAuE/QFf0RZ9MQuw/s1600-h/a-news-3.jpg 12-8-2008 Oklahoma:

OKLAHOMA CITY — A convicted child molester has been sent to prison after a judge learned the treatment center where he was living was located near a city park.

District Judge Virgil C. Black on Friday ordered 58-year-old Claude Stanley Fontenot be removed from the Avalon Correctional Services' Carver Center in south Oklahoma City and sent to prison. Fontenot has been at the center since being sentenced Oct. 15 on two counts of child sexual abuse.

At Friday's hearing, Black said he could no longer allow Fontenot to stay at the center because it violates a state law that prohibits sex offenders from living within 2,000 feet of a park.

The two victims, now teens, were in the courtroom. The girls' mother said she's relieved Fontenot is going to prison.

"That's what we've wanted all along — to see him behind bars," she said.

Attorney Josh Welch said sending his client to prison for three years after he was sentenced to the Carver Center violates the double jeopardy provision of the Constitution.

Welch said he hopes to have Fontenot released within 30 days and keep him out of jail while his case is under review.

Fontenot initially was sentenced to three years at the Carver Center and 17 years of probation and was required to register as a sex offender. The Carver Center, on south May Avenue, is 813 feet from Ted Reynolds Park. District Judge Virgil C. Black said at the time Fontenot was sentenced, no one involved in the case realized the center's proximity to the park. ..News Source.. by Tulsa World

New York Civil Commitment

Sex Offender Still In Confinement After Prison Term Ends; 'Risk Factors' Keeping Sex Offender Off Streets

By Thomas J. Prohaska Buffalo News December 12, 2008

Daniel Gierszewski served 17 years in prison after sexually abusing four young girls nearly two decades ago.

The Buffalo man is out of prison. But he is not free. Gierszewski, 63, is confined to a psychiatric institution in Central New York.

That's because state prosecutors successfully argued that girls in the region are not safe with Gierszewski on the streets.

Gierszewski has become the first convicted sex offender in Western New York caught in the net of a civil confinement law passed last year in Albany. And several more are set to follow.

The new law allows the state to declare that a sex offender who has completed his sentence but suffers from a mental abnormality makes him likely to commit more sex crimes.

If state prosecutors can prove that to a jury, a judge has the authority to send the defendant to a psychiatric institution for as long as the rest of his life. Or the judge may choose to place him on strict parole that threatens confinement if dozens of conditions aren't met.

"Mr. Gierszewski has a mind full of risk factors," State Assistant Attorney General Thomas J. Schoellkopf argued during Gierszewski's confinement trial in Niagara County last month. "These are horrible acts, not consensual. . . . We must stop this from happening again."

A 12-member jury unanimously agreed, so now a judge has the authority to order Gierszewski committed to a psychiatric institution or relased on parole with a long string of severe restrictions. A decision is expected this month.

"It used to be good enough to say, 'He has paid his debt to society,' " said attorney John R. Nuchereno, who defended Gierszewski last month. "What was thought to be a fair punishment was imposed, . . . [but] the doors of the prison Dan was kept in were kept shut."

Gierszewski is now in the Central New York Psychiatric Center in Marcy, Oneida County.

If State Supreme Court Justice Richard C. Kloch Sr. decides that Gierszewski needs to be committed, that's likely where he will stay. The state has only two psychiatric facilities for sex offenders; the other is in Ogdensburg.

Gierszewski is among 59 convicted sex offenders who have gone into the state's civil confinement institutions so far.

He was flagged for the program shortly before his scheduled release from Elmira Correctional Facility on Feb. 21.

In June 2007, the Office of Mental Health had reviewed his case and decided that he was not a candidate for civil confinement, but the state agency changed its mind after Gierszewski was let out of prison on parole Sept. 17, 2007.

Two months later, he violated the terms of parole by using a public computer in the Buffalo & Erie County Central Library to look for job listings. While he was there, he replied to an e-mail from his sister with one of his own, wishing her a happy birthday. Parole officers had ordered him not to use the Internet.

By last Dec. 14, he was back in prison to finish what he expected to be the last three months of his original sentence. Instead, the state attorney general's office, which handles civil confinement cases, had other things in mind for him.

In court last month in Lockport, two assistant attorneys general and two psychologists hired by the state asserted that Gierszewski has a mental abnormality that makes him likely to commit more sex crimes.

After two days of testimony from the doctors, including one chosen by the defense, and two hours on the stand for Gierszewski himself, the jury took only 90 minutes to agree with the state's position.

Here's some of what jurors and Kloch heard:

Nearly 16 years ago, Gierszewski slipped his hand onto the thigh of a 10-year-old girl in the candy aisle of the old Ames department store in North Tonawanda. He then ran from the store with security guards in pursuit. Police pulled his vehicle over a short time later and found a loaded handgun inside. In June 1994, a jury convicted him of sexual abuse and weapons possession, and he was sentenced to 14 years in prison.

When asked about his encounter with the 10-year-old during his civil confinement trial, Gierszewski said, "When my hand made contact with her, I knew where I was, and I decided to get what I could get."

It wasn't his first sexual contact with underage girls.

In May 1980, while he was working as a bartender at a Bailey Avenue tavern, he was charged with raping and sodomizing a 15-year-old girl. He pleaded guilty to misdemeanors in that case and was placed on probation.

Another sex crime followed in 1983, while Gierszewski was cruising the streets of Buffalo looking for young prostitutes, he offered a ride to two girls, ages 13 and 16. When they took him up on it, he told them he had a gun, tied them up and sexually assaulted them. He pleaded guilty to sexual abuse for that and served three years in state prison.

The civil confinement law requires that all sex offenders whose prison or parole terms are running out will have their files reviewed by a board in the Office of Mental Health. If the board concludes that the person has a mental abnormality as defined in the new law, it can turn the case over to the state attorney general's office for action.

Since then-Gov. Eliot L. Spitzer signed the law last year, 59 New York sex offenders have been committed to psychiatric institutions. An additional 40 have been placed under intensive parole supervision.

"The State Legislature said, 'For this crime, you do this amount of time.' It also said you could do more time if they think you might offend again," said David G. Jay, a Buffalo civil liberties attorney who has just been assigned to defend James A. McKinney, a Niagara County sex offender, at an upcoming civil confinement trial.

"I suppose they could do it for any crime," Jay said. But since sex offenders were singled out, Jay argues, "that's what makes it unconstitutional."

The U. S. Supreme Court does not agree. Although the New York law's constitutionality has not been tested in court, the Supreme Court, in a 5-4 decision, upheld the concept of civil confinement in a Kansas case it decided in 1997.

The high court ruled that civil confinement is not punishment and thus doesn't violate a sex offender's right to due process.

What does Gierszewski think about the civil confinement law?

On the witness stand, he said, "It scares me."



Letter from Chris (A Son of an SO)

Dear Governor Crist:

I'd like to tell you a story; a story of a family composed of two sons, 9 and 5, and a mother, with a potentially fatal heart condition. For three long years, on every Saturday, this family visited xxx xxx, a sex offender, in jail for an hour. It was a long trek to the jail, and almost every time we went, we were harassed by the guards. "Your not allowed to wear chachi pants," or "Stamp with your left hand not your right!" said the guards, as we were shoved in the the small, tight, and loud maximum security room, with armed guards at every few meters. Every week we would drive an hour there and an hour back in the cold New Jersey night, and if we were minutes late, then too bad, the guards didn't care; they didn't care that we were two innocent kids and a single mom with a heart of an 80 year old, working two jobs, and had more then enough stress for five people combined. But they didn't care, and treated us so.

Finally, after those long, strenuous years of legalized harassment and hours of crying in dark corners, his day had come, my dad was being let free. By that time, we had already moved to Florida. He jumped into his car, and drove down to Florida. Now it's expected that we lived happily every after as a good happy family, right? Well it has kind of turned out a bit differently then expected. Over the years after my fathers emancipation, I as an individual, as well as my mother, and especially my brother, because everyone knows kids can be real bastards, have faced ridicule, outcast, and have been denied friends and oppurtunities because my dad's a sex offender. Our entire family, me included, has had multiple serious mental breakdowns, where we have had serious problems such as overeating, heart related chest pains which signal grave things, and failing every subject in school along with being late every day. Along with that, my mother's stress is still through the roof, what with having to still work two jobs and overtime just to keep us out of debt, and the fact that my dad can't keep a job for more then a few months. All he can find work at is construction companies paying little above the minimum wage because he is a sex offender. Keep in mind that this man has a masters degree in Business, and was one of the top managers at Lockeed Martin at the time.

I am now 15, enduring worsening hardship with each passing year. I thought by now, as with all other ex-felon families, that all of this would be behind us and I could enjoy life as a normal teenager. But, my father was arrested while going to work because the police thought that he had not registered a temporary address. He was in fact registered at our home, but the police wouldn't listen. So to keep him out of jail for even more undeserved years in that overcrowded hellhole, my mother had to use the families last $2000 to bail him out of jail and are still paying for the attorney, to keep him out of prison.

And now, when things were starting to look up, what happens? 5 days before Christmas, he is arrested again while going to work, because of a suspiciously deliberate administrative screw up by the state of New Jersey and they are threatening to extradite him back to New Jersey, when they new all along my father was legally registered as a resident of Florida (for the past 3-1/2 years).

This means many things for my family. My mother will almost guaranteed- die- beauce of her heart condition, that non one seems to care about , my brother will fail 6th grade, and we will probably never, and if we do it will be in many, many years, see my father again. He will miss my mothers passing away, my brothers and my first girlfriend, our high school graduation, our college graduation, and maybe even our marriages.

I'm sure the father's of our Constitution (yes, I am an honor student at a school of choice- learning about this not-so great country) could not have envisioned the law's of today. Yet, please, uphold what they set forth and understand my mother, brother and I have lost our civil rights to privacy, etcetera, because of the out of control sex offender laws.

Governor, please do not allow my brother, mother and I to continue as collateral victims to a crime of my father's that was long ago and which he already paid for. We want and need him back in our life. Please, we have suffered so much already and you are the only one who can help us!! Please let my father out of jail- he didn't do anything, but go to work. We can't bear being without him again. He is all we have- we have no other family (no grandparents, aunts, uncles, etc.) and have passed too many holidays alone.

Thank you for your time and I hope, clemency, for my father. We need him back!!

Christopher William X. (for privacy sake- if there is such a thing in my life?)


New Video from 'Official SO Issues'


One To See Change Past Posts

One to See Change Blog List

"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.

As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
* * * *
“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.

But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?

All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
* * * *
What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
* * * *
“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
* * * *
I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”