Community Watch

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Indiana Supreme Court ruling that child sex offender should be removed from sex offender registry endangers public

http://www.chicagotribune.com/news/chi-ap-in-sexoffenderregist,0,2138848.story

A court's ruling that a convicted child molester did not have to register with the state as a sex offender because heas convicted before the requirement became law has thrown many counties into turmoil as offenders ask to be removed from the rolls. 

The Indiana Supreme Court ruled in 2008 that Richard P. Wallace no longer had to register as a sex offender because his crime occurred in 1989, and the registry wasn't created until 1994. 

The Department of Correction, which maintains the state's official registry, says the ruling applied only to Wallace's case. But several counties say it applies to everyone and have begun purging their local registries of offenders who don't fall within the reporting guidelines. 

Cpl. Jeff Shimkus of the Allen County Sheriff's Department says the situation undermines the state's goal of uniform, standardized reporting on sex offenders. 

The Allen County registry, for example, is supposed to be an offshoot of the state registry. Now, though, the registries do not match. 

"It's going to cause problems with the state site because its accuracy can't be guaranteed," Shimkus said. 

Shimkus, who is charged with enforcing the registry laws in Allen county, said officials from the sheriff's department and prosecutor's office met after the Wallace ruling to determine how it would impact the local registry. 

They decided to remove the names of offenders who committed crimes before the registry was created and to purge the names of people who had committed lesser crimes that previously did not require registration. 

For instance, between 1994 and 1997, people convicted of rape were required to register only if the victim was younger than 18. Someone who raped an adult in 1995 would not have been required to register. But laws were later amended to require all convicted rapists to register as sex offenders. 

Now, people convicted of rape before the law was amended no longer appear on the Allen County sex offender registry. 

"We don't have to like it, but that's what the law says," Shimkus said. 

The Kosciusko County Sheriff's Department has reviewed sex offender files but has not found any affected by the Wallace ruling, department spokesman Sgt. Chad Hill said. 

DeKalb County says it will not remove names unless given a court order. 

Brent Myers, director of registration and victims services for the Indiana Department of Correction, said that's the right approach. 

He said corrections officials, prosecutors and the Indiana Attorney General's office met after the Wallace decision and agreed that offenders who wanted off the registry because of the ruling should take their case up with a local court. 

He said DOC has received fewer than 70 orders to remove offenders from the registry. 

Shane Call, who claims he was wrongly convicted by a jury of child molesting in 1991, asked Allen Superior Court to remove him from the registry. 

He said appearing on the registry has affected his ability to work and support his wife and 13-year-old son. 

"Before I was on the list, I hated the fact I was accused of that crime, but as soon as I got on the list, things got hard," he said. 

Call hopes things get better soon. The court has agreed to remove him from the list. 

Community Watch comments:

These are not accused sex offenders being removed from the Indiana Sex Offender Registry; these are convicted sex offenders being removed from the Indiana Sex Offender Registry, all due to a legal loophole.  

So, if you are a known and convicted terrorist, should the CIA and TSA take you off their terrorist watch list because you were not a known and convicted terrorist prior to 911.  Does that make sense?  Would that make us safer?  Put yourself in the shoes of the terrorist.  Is it fair or legal to be placed on a list of terrorists if the list did not exist prior to you committing terrorist acts?  If you say our terrorist example is ridiculous, you got the point.

Search for Sex Offenders on Texas Campuses

CommunityWatch.org on January 4, 2010

The Texas Department of Public Safety provides a sex offender search for colleges, universities and community colleges in Texas.  Sex offenders will be listed if they are attending the college OR if they work at the college.

https://records.txdps.state.tx.us/DPS_WEB/SorNew/PublicSite/Search/index.aspx?PageIndex=Search&SearchType=Education

Education Campus Notification: Subscribe to one or more campuses of higher education and notification will be e-mailed when an offender is reported to be attending or employed by that campus or when an offender no longer is attending or employed by that campus.

Sex Offender Registry Notifications

The Texas Department of Public Safety has created a notification system that allows the public to subscribe to e-mail notifications regarding database changes relating to registered sex offenders. You will receive daily notifications whenever modifications are made to your related subscription(s) and a summary report once a month.

Click here to setup an account (free) and start monitoring the campus where your child or family member attends: https://records.txdps.state.tx.us/DPS_WEB/Notifications/index.aspx

Community Watch comments:

These features are National Best Practices for all State Sex Offender Registries.  Great job Texas!

The WHO's Pete Townshend may have to register as a sex offender in Florida

ButlerReport.com on December 28, 2009

Was Pete Townshend a registered sex offender in the UK from 2003 to 2008? Answer: Yes.

Well that’s that then. Sorry Pete. This precludes you from not only playing at the Super Bowl, it also stops you from entering the United States to begin with.  

Since the NFL decided to hire Pete Townshend for the upcoming Super Bowl event all hell has broken loose. Child AbuseWatch, the international child prevention group, have been trying for some time to bring attention to Townshend’s sex offender status. Most notably was the Kennedy Center Awards event last year when they wrote to the organizers protesting the honoring of someone with sex offender history.

Most recently they have asked the NFL to drop Townshend from the Super Bowl. In a way they are doing the NFL a favor. How? When the family values groups get hold of this they’re going to rip the NFL and their sponsors apart. It could indeed prove to be an incredibly expensive mistake on the NFL’s part to not read more than Townshend publicists take on Pete’s past when they were planning the half time show.

Another national advocacy group, Protect Our Children, headed by Kevin Gillick has taken the NFL protest a step further; two steps actually. They have made a lot of noise with the Immigration and Naturalization Department and ICE begging to ask how a registered sex offender, with criminal record, has been given free reign to enter the US.

U.S. immigration law says authorities will deny entrance to “Aliens convicted of, and those who admit having committed a crime involving moral turpitude (or an attempt or conspiracy to commit such a crime).” Townshend admitted to having broken the law in his search for child pornography. ‘How he has been given access to the U.S. remains a mystery or perhaps it’s another demonstration of celebrity privilege,’ Mr. Gillick said.

The second aspect of Protect Our Children’s campaign has a definitely more local sting in its tail. A letter has been sent to Florida Attorney General McCullom, demanding that Townshend comply with Florida law, specifically Florida Statute 775.21, which applies to anyone with a sex offender background.

They have asked that Townshend be taken into custody upon his reentry into Florida so that the provisions of FS775.21 may be applied – Sexual Offenders and Predators (see link below). This would include the requirement to register with local police and provide fingerprint, mug-shot and D.N.A. samples as required by law.

Media coverage has been intense since the Palm Beach Post journalist Jose Lambiet broke the story on December 22, 2009. Both Daly and Gillick have been giving interviews from Toronto to London.

Community Watch comments:

If the allegations are true, no one should should receive special treatment when it relates to sexual offenses against children - not celebrities, priests, politicians, fathers, mothers, uncles, aunts - no one.

Facebook forms safety advisory board to rid sites of registered sex offenders

cnet news December 6, 2009 8:40 PM PST by Steven Musil

Facebook has formed a safety advisory board comprised of five Internet safety organizations that will consult with the social-networking site, the company said Sunday.

Facebook said it plans to meet regularly with the advisory board to review the existing safety resources it provides its users, develop new materials, and seek advice on best practices for safety in general.

"We believe that the only way to keep kids safe online is for everyone who wants to protect them to work together," Elliot Schrage, Facebook's vice president of global communications and public policy, said in a statement. "The formation of a board to advise specifically on safety issues is a positive, innovative and collaborative step towards creating a more robust safety environment, and we are thrilled that such a well-respected, trusted group of organizations has joined us in this endeavor."

Facebook said the board is part of an effort that includes cooperating with state attorneys general to rid the social-networking site of registered sex offenders. The board's formation comes on the heels of New York Attorney General Andrew Cuomo announcing last week that more than 3,500 sex offenders from his state had been purged from Facebook and MySpace.

The five organizations on the advisory board are Common Sense Media, ConnectSafely, WiredSafety, Childnet International, and The Family Online Safety Institute.

Community Watch comments:

Great to see Facebook taking a leadership role in eliminating the obvious threats on their site - We are hoping to see Mark and Facebook use their innovation and intelligence to create an API that could be used by all internet sites to help keep our kids safe online.

CrimeReports.com Creates First Nationwide Source of Crime and Sex Offender Data

CrimeReports.com Press Release

December 9, 2009

Today CrimeReports announces the inclusion of official, nationwide sex offender data on the national crime map at www.CrimeReports.com. Already partnering with nearly 700 law enforcement agencies across North America, CrimeReports is the largest and most-trusted crime-mapping site on the web. The combined crime and sex offender map will be updated weekly and is free to the public.  

Up to this point, CrimeReports has worked with individual state sex offender databases or individual law enforcement agencies, but did not have full US coverage. Now, with the introduction of national sex offender data, anyone in the US can search the CrimeReports map and see sex offender information for their area, even if their local law enforcement agency is not yet a CrimeReports partner.

Lately the news has been rife with stories of registered sex offenders kidnapping and committing horrific acts of violence while under state supervision. “The incidents that have recently been brought to light are deeply disturbing,” says Ryan Lufkin, Director of Marketing at CrimeReports. “As a result, citizens want to know what is going on in their neighborhoods.” As families prepare for holiday travel, it becomes even more important for everyone to not only be able to check crime levels at their destinations, but also to check sex offender information easily online. “When citizens have comprehensive, official, timely information, they have peace of mind,” says Lufkin. “And that’s what we provide as the holiday travel season gets under way.”

This announcement comes after a record quarter for CrimeReports. In the 3^rd quarter 2009, CrimeReports grew its customer base by nearly 15% and secured $7.2 million in additional joint venture funding. In addition, October and November were record-breaking months for CrimeReports, forging new partnerships with over 120 law enforcement agencies across North America.

About CrimeReports

Working with nearly 700 law enforcement agencies across North America, CrimeReports is the largest and most accurate online resource for up-to-date crime and sex offender information. The CrimeReports network offers a family of affordable, easy-to-use software tools for law enforcement agencies to understand crime trends and share up-to-date neighborhood crime data with the public. Community members can access the integrated crime map and receive email crime alerts for free at www.CrimeReports.com, empowering them to make informed decisions to help improve the safety of their neighborhood and community. CrimeReports services are offered by Public Engines, Inc. For more information, visit www.CrimeReports.com.

Community Watch comments:

Great site, check it out - the site enables you to setup a daily, weekly, or monthly crime alert email  - very useful - and it's free!

New Sex Offender Laws in Nebraska Begin in 2010

Action 3 News.com Omaha, Nebraska

A new law that toughens restrictions on Nebraska's sex offenders is set to go on the books January first. On Wednesday, a federal judge left most of the law in place. 

The changes allow searches of sex offenders' computers, cell phones and smart phones, as well as monitoring software on their computers. 

The judge also allowed a ban on sex offenders using social networking sites like Facebook and My Space. But he ruled this doesn't affect sex offenders who have completed their sentences, parole or probation.

Community Watch comments:

Search Nebraska's Sex Offender Registry here:  http://www.nsp.state.ne.us/SOR/find.cfm

Sarah Foxwell, Missing Maryland Girl, Found Dead in Woods on Christmas - killed by registered sex offender

SALISBURY, Md. (CBS/AP) Everyone from homeowners to hunters joined in the search for Sarah Foxwell, and thousands of people combed Maryland's Eastern Shore on Christmas Day with the hope she was alive.

But on Friday afternoon, three days after the missing 11-year-old girl was last seen at her home, law enforcement found her body near the Delaware state line.

Investigators were working Saturday to determine how she died.

"This is not the way we wanted to find our young lady on Christmas, but at the very least we've given closure to the family," Wicomico County State's Attorney Davis R. Ruark said at a news conference.

Photo: A diver searches pond for Sarah Haley Foxwell on Dec. 24, 2009 in Salisbury, Md.

Ruark said Saturday that an autopsy was being conducted, but he did not expect a cause of death to be released immediately. He added that investigators were working Saturday but said any new charges would likely come after an investigation is complete.

Currently, the focus of the investigation is on Thomas J. Leggs Jr., 30, who was charged Wednesday in Sarah's kidnapping.

"There's no indication of involvement of any other individuals at this point," Ruark told The Associated Press.

No new charges were filed as of late Friday.

Leggs is a former boyfriend of the girl's aunt, who is her legal guardian.

A public defender representing him has not returned phone calls and a woman who answered the door at Leggs' parents' house declined to speak to a reporter.

Wicomico County Sheriff Mike Lewis said the body was found in the northern part of the county, where authorities had focused their search.

Volunteers met up at a stadium in Salisbury early Friday and fanned out to search for her. Lewis also asked property owners in the county to check their fields and yards for the girl and to display something red to let law enforcement know the area had been searched. He also asked hunters to be on the lookout.

Lewis said Sarah was last seen Tuesday night at her home on Maryland's Eastern Shore. A relative discovered she was missing early Wednesday while checking on Sarah and her 6-year-old sister. A charging document says Leggs was the last person seen with Sarah.

A "juvenile witness" awoke during the night Tuesday and saw Sarah leave the bedroom with "Tommy," and said he was wearing blue jeans, an orange jacket and white sneakers, the charging document says.

Sarah lived with her aunt, Amy Fothergill, who told police the child's toothbrush was missing from the home, according to the statement of probable cause.

Deputies said they found a green toothbrush and a lollipop in a truck Leggs admitted driving. Leggs said he had been wearing jeans and white sneakers the previous night — the same clothes he was wearing when police questioned him.

The sheriff said Thursday that Leggs has been uncooperative and "of no assistance to our investigators."

Sarah was a sixth-grade student at Wicomico Middle School, bright and lighthearted, Tracey Powell, a paternal aunt, told The Baltimore Sun at a Christmas Eve candlelight vigil for her niece on Thursday night.

"She would just run the hallways laughing and giggling, and just jump into your arms," Powell said.

Leggs is listed on the Maryland and Delaware sex offender registries. The Maryland listing notes that he is a child sex offender, but does not give details about his conviction.

Lewis said Leggs has been convicted of a sex offense in Wicomico County and was charged Oct. 29 with fourth-degree burglary.

In 2001, Leggs was convicted in Delaware of rape involving a victim who was 16 or 17, according to the Delaware registry. The registry describes his risk level as "high" and notes he is unemployed.

Leggs, who has been convicted of assault several times, also is awaiting trial on charges of burglary and destruction of property in Ocean City.

Community Watch comments:

Apologies for the long time between posts - but, this case is heart breaking and more people need to be aware of who is around their children - friends, relatives and strangers.

Search Maryland's Sex Offender Registry here: http://www.socem.info/

Ex-Mitt Romney aide, College Republican head, busted on sex offender charges

the raw story
Michael Roston and Nick Juliano
Published: Friday January 25, 2008

A former aide to Republican presidential candidate Mitt Romney who also played a leadership role in Iowa's College Republicans was arrested by Des Moines-area police earlier in the week on outstanding warrants related to his status as a convicted sex offender.
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Matthew Joseph Elliott, aged 26, and identified in numerous accounts as Matt Elliott, was arrested on Jan. 21 for outstanding warrants relating to his registered sex offender status, according to the Polk County government website. The Iowa registry of sex offenders also shows that he was convicted of exploiting a minor and given a "low" risk assessment.

The website Truth Caucus and an additional source independently confirmed to RAW STORY that Elliott was the same individual described in a Feb. 2006 account in the Washington Post. He briefly joined the Iowa presidential campaign staff of Governor Mitt Romney before leaving to run for a seat in the Iowa state legislature.

Additionally, Elliott was a leading College Republican in Iowa while attending Drake University, where he served as student body president. Elliott also served as director of the Iowa Republicans' Legislative Majority Fund.

Iowa state records show he was convicted on the sex charges in October 2006, months after leaving the Romney campaign.

West Des Moines police arrested Elliott while they were investigating the death of 7-month-old Alexis Gilbert, according to KCCI8-TV, found dead in her family's home where Elliott was staying. Elliott has been questioned, but not charged in relation to her death, which has been ruled a homicide. Gilbert's mother, Kristina, is 16 years of age, and her family has refused to explain Elliott's relationship to the family, according to the Des Moines Register.

Reached for comment by the the Boston Herald on Friday, Romney's campaign argued that Elliott was never affiliated the campaign, only with Romney's Commonwealth PAC.

Community Watch comments:

Take a look at his charges here

New York's Sex Offender Registry Audited by State Comptroller DiNapoli

CONTACT: Press Office  (518) 474-4015
FOR RELEASE:  Immediately  January 15, 2008

DiNapoli: Sex Offender Registration Effective,
But Improvements Needed

The Division of Criminal Justice Services (DCJS) is generally providing effective oversight of the state’s sex offender registration program but needs to improve how it communicates with local enforcement when sex offenders fail to confirm their addresses, according to an audit released today by State Comptroller Thomas P. DiNapoli.

“The purpose of the Sex Offender Registration Act is to inform and protect the public,” DiNapoli said. “DCJS is taking its responsibilities for the program seriously, but there are still areas that need immediate improvement. The goal is perfection; no sex offender should be overlooked.”

Under the Act, any person who is convicted of sex offenses is required to register with DCJS as a sex offender when he or she is released from incarceration. Registered offenders are classified by the court based on the risk of re-offense. There are three levels: Level 1 (low risk), Level 2 (moderate risk) or Level 3 (high risk), and additional designations, such as sexual predator or sexually violent offender, may also be noted by the court. Offenders remain in the Sex Offender Registry (SOR) for 20 years to life, depending on their level of risk. As of July 2006, there were 23,456 registered sex offenders in the State.

The audit, which examined the period of January 2004 through November 2006, found that DCJS had established a good process with the Division of Correctional Services to register offenders released from incarceration and had complied with its responsibilities under the Act. There were some major areas identified for improvement including:

Poor Follow Up with Law Enforcement if Offenders Fail to Confirm Address. Each year, DCJS is required to reach out to offenders and confirm their address. Auditors found that DCJS notified local law enforcement officials of offenders who failed to verify their addresses as required, but DCJS did not require the local law enforcement agencies to notify them of the results. Some local agencies did not respond to DCJS even when they had located the offender. Two of the individuals who have failed to respond were Level 3 offenders.

Inaccurate Driver’s License Information. Information in the SOR was not always accurate or up-to-date. For instance, auditors found that 54 of 200 randomly selected records contained inaccurate driver’s license information. The license numbers listed actually belonged to another person, not the offenders. Other key information that was missing or inaccurate in the SOR included photographs of offenders, unmatched alias, distinctive markings and addresses.

Auditors made 11 recommendations to improve how data is stored and collected, and expand efforts to increase awareness about the program. DCJS agreed with most of the recommendations and has taken steps to address the majority of them.

Community Watch comments:

These are common issues in all state sex offender registries - insufficient funding, no accountability to follow up, and incorrect data.  The audit was officially responded to and nothing will change.  We would like to see DiNapoli do some follow up in 6 months to ensure everything is fixed - but, that will not happen - just as the police will not follow up on sex offender and predator addresses.