Digests
Our monthly collection of updates and information sent out to our members

Each month we put together an email digest for our members. These include updates about RSOL and other groups and events, breaking news on the sex offender registry, and articles from our blog and elsewhere. Start receiving the digest with our members by signing our statement, or by adding yourself as a non-signatory.

RSOL DIGEST #14, OCT. 2008

By Alex Marbury <alexm60@fastmail.fm> Posted on 31.10.2008 Link to this digest: [0014]

RSOL DIGEST #14, OCTOBER 31, 2008 INDEX Quotes of the Month & Film Tip Introduction by Alex Marbury: “Halloween – Trick or Trick?” RSOL Admin Team Meeting Affiliated State Group Report, Alain Levesque Farewell for Now from Margie Furlong EDUCATION and Sex Offender Laws by Sandy Kennedy Brave Patriot Penalized for Youthful Romance QUOTES OF THE MONTH “You have committed both my husband and me to a life sentence on the street where we now live. We can never move! We cannot leave our current neighbors who harass us and he cannot change employers.” From the wife of an older “sex offender” who may not appeal his removal from current registry requirements for at least 15 years, when he’ll already be in retirement. “In this world, there are real monsters, but then there are normal people who make mistakes.” A new signatory from Oregon lamenting the way in which many registries paint all offenders with one brush. “Our government has not only dragged us out into a public square and armed the spectators with stones, they’ve then said to them, ‘Now, now, don’t throw the stones!’” John, an RSO in Virginia TIP OF THE MONTH We seldom put things up that are ‘just for fun,’ and of course the ‘sex offender’ issues are no laughing matter, but a new independent film that is rather ‘neutral’ is funny nonetheless. Several of our participants have urged us to see it. I did, and it’s a hoot. See a clip at rsothemovie.com. INTRODUCTION, by Alex Marbury “Halloween – Trick or Trick?” This Digest comes out on Halloween, a day of particular infamy for so-called “sex offenders.” All over America, many states literally brand “sex offenders’” doors with a scarlet letter, demanding that children and their parents stay away! But many ordinary citizens who value civil liberties have decided to hark back to a World War II method of dealing with a similar brand, the Star of David, to mark the homes of hated Jews. They are putting up the same signs on their own houses! If thousands of people would do this, the scare tactics and hate mongering of the authorities would be defeated. The REAL monsters are not most “sex offenders” who have become law abiding citizens, they are the panic-driven legislators who continue to pile on more and more restrictions and limitations on the lives of people, making their reintegration into society more and more difficult. We urge people everywhere to denounce the scare tactics and observe a normal holiday! RSOL continues to grow – with 25 state affiliated groups – and with more and more signatories and non-signatory participants every week. The expanded Admin Team held its first conference call meeting, and announced the planning of a face-to-face conference – “one conference, two sites,” in Boston and Texas next summer. We hope hundreds of you will plan to participate in this important event. Finally, VOTE! The election is only days away. And then, we must put the pressure on whoever wins – for President and for Congress – to return our country to the standard of civil liberties guaranteed in the U.S. Constitution. For “sex offenders”, as for all other citizens, if they can take away the rights of some, they can destroy the rights of all! Alex Marbury ---------------------------------------------- RSOL Administrative Team Conference Call Meeting, Oct 21, 2008 (Summary of Mary Sue’s Minutes by Alex) Six in attendance: Alex, Alain, Paul ,Joel, Mary Sue and Laurie. Alex chair. Mary Sue, secretary. 1. The Webmaster resigned from the Admin Team because of other commitments. The Admin team accepted his resignation with regret, and with thanks for all his web work, without which we could not have done our work! The webmaster will continue in his function as overall webmaster, but the Admin Team will search for someone with moderate tech skills to assist him. 2. Changes in the site: Suggestion was to focus on maintaining the site, as is, until webmaster help is found. There WILL be new menu items on the homepage for LINKS, including legal links, and for Research Articles. 3. Hotline Report: Laurie and Paul reported that hot line is coming along very well and additional funding is not needed at this time. There are about 8 volunteers and 8-10 calls or emails a week coming in. Hotline committee has had several conference calls. PEOPLE NEED TO BE TOLD TO LEAVE A MESSAGE WITH A CALL BACK NUMBER. Even if it`s outside the calling hours, the volunteers will call back if they have a number! 4. Legal Representation: All RSOL participants, especially affiliated state group contacts or Admin Team members are instructed to inform RSOL immediately if harassed by hostile groups such as PV or AZ and/or if questioned by Law enforcement authorities. Inform Alex by email or Paul by telephone at once. A LAWYER FROM ACLU has agreed to be consulted via Paul in such cases, and the Admin Team will confer to determine how to respond. 5. State Group Report: Alain announced that there are currently 23 state groups with 2 more in the works. There is also a regional coalition in formation, SouthEast RSOL, which the Georgia contact person is coordinating. Alain thinks this is a very good idea. Others, including Laurie, thought that we should focus now on work at the state level. She pointed out that changes often begin in ONE state, then spread to another state, and finally to the Federal level. Regional work should be a next step. 6. Computer Rights for RSO's on probation and parole, and their family members. : RSOL seeks information, details state by state, concerning this issue, especially if family members are told they may not have computers in the house of ‘sex offenders’ on parole, probation, and especially if this is the case for those who are only on sex offender registries. RSOL will compile this information to see if the ACLU or other civil liberties groups may want to help in court cases. 7. Committees or individuals needed to work on a. Writing responses to major negative articles (that oppose the main goals of RSOL). Alain has asked Kelley, the Georgia state contact to coordinate this effort. b. Law Update Committee c. Links and sister group contacts. This person or committee would help look at linked sites to see what new ones we should add, if those we link to are operating, and to communicate from time to time with the leaders of those groups - such as SOCLEAR, SOSEN, etc. This need will be put to all RSOL members in the next digest. 8. NATIONAL RSOL CONFERENCE: Consensus was to hold a national RSOL conference in the Boston area in the summer of 2009. The main purpose will be to plan strategy and to meet one another. Paul Shannon will help organize a committee to plan the conference, with Laurie and Joel assisting. If possible, it will be “one conference, two sites,” with a second site in Texas and a video link with Boston. The Conference will be by invitation to all RSOL participants, as well as representatives from other “sex offender” support groups. Key experts on “sex offender” issues will be invited to speak, and treatment providers, law officers, probation/parole officers, and judges, as well as a victims’ rights group will be invited to participate. FUNDS WILL BE NEEDED to help bring the experts, to pay for a site and other expenses. A MAJOR BYLAW ADOPTED - The Admin Team MUST meet in a conference call at least once every quarter - approximately every 3 months. Other meetings may be called for specific and emergency issues. MEETING ADJOURNED ------------------------------------------------------------------- AFFILIATED STATE GROUP REPORT, by Alain Levesque Dear friends. October was another successful month for the recruitment of new volunteers and the creation of affiliated state groups. We now have a total of 24 state groups – only one group away from our objective of 25 before the end of the year. A total of 5 new state groups were created in October, our second greatest monthly accomplishment, after last month’s record of 6 new groups. The new RSOL affiliated groups are : 1)Pennsylvania RSOL, led by Teresa Hull (tch_freedom09@yahoo.com) 2)Indiana RSOL, led by Milagros Chopite (rsolindiana@gmail.com) 3)Wisconsin Badger State RSOL, led by Nathan A. Emmons (Badgerstate_rsol@yahoo.com) 4)Virginia RSOL, led by Mary and John (rsolvirginia@comcast.net) 5)Michigan RSOL, led by Francie Baldino (reformsolaw_mi@att.net) Congratulation to all our new state organizers! I invite everyone to read the mission statement of our new groups on our website: http://www.reformsexoffenderlaws.org/groups. Virginia RSOL’S statement, in particular, is a model of its kind! Anyone in Pennsylvania, Indiana, Wisconsin, Virginia and Michigan who wishes to get involved in these groups may contact the state organizers at the above email addresses. There is also a change of state organizer in two states. In Florida, Jody Lentino took the reins of FLARSOL, and in Illinois, Renate is replacing the very devoted Margie at the head of RSOL Illinois. Welcome to these two new organizers! The South East Reform Coalition was officially started in October, led by our Georgia organizer Kelly Piercy. All state groups in the South East region are invited to join this coalition, which will develop its own projects and work as an intermediate between the state groups and the national organization. The coalition has already organized two phone conferences and is currently working on the creation of a website. For more information, please contact Kelly Piercy at gasoem@gmail.com. On a final note, I wish to say that we are not expecting the creation of many new state groups in the months to come. The number of new affiliated groups created in the last two months was exceptionally high, so we may expect a bit of a slowdown. BUT WE URGE PARTICIPANTS IN OTHER STATES TO CONTACT US IF YOU WISH TO BE THE CONTACT PERSON! Alain Lévesque, RSOL State Group Coordinator (alain360@fastmail.fm) ------------------------------------------------------------------- A Silenced Voice in Illinois (FAREWELL, but I SHALL RETURN!). Margie Furlong My dearest friends of RSOL: It is with great sadness that I inform you that I will be dropping as state contact for Illinois effective Thursday, October 30th. The Illinois Department of Corrections informed my friend, Mike, that my laptop computer needs to be secured and removed from the home. I also have to disband my internet connection. If I refuse to comply, they will violate Mike and return him to prison to finish out his parole. If that happens, and many of you know this, the state of Illinois will only look for a different excuse to keep him locked behind bars for life. I am passing my torch to Renate Hall, another Illinois member. Renate is a great person and I have truly enjoyed working with her. I’m sure she will do well as the state contact. I feel like Dorothy leaving the land of Oz and, just like Dorothy, I’m leaving some important people behind me. Mary Sue in Texas, you are one of the most courageous people I have ever met so you’re my Cowardly Lion. Kelly Ray in Georgia, you have the biggest heart so you’re my Tin Man. David in Tennessee, my mentor, my best RSOL friend, I will miss you the most. You’re my Scarecrow. Let’s not forget Alex at the helm as the mighty and powerful Wizard! Alex’s guidance and direction really helped me in the beginning when I had no clue what it was that I was to be doing. Hold your heads up high all of you and know that I’m rooting for each and every one of you! Together you can make a difference! I am going to close my letter to you with the Eight Beatitudes of Jesus according to the Gospel of Matthew, 5:3-10. ‘Blessed are the poor in spirit, for theirs is the kingdom of Heaven.‘‘Blessed are those who mourn, for they shall be comforted.’‘Blessed are the meek, for they shall inherit the earth.’‘Blessed are they who hunger and thirst for righteousness, for they shall be satisfied.’‘Blessed are the merciful, for they shall obtain mercy.’‘Blessed are the pure of heart, for they shall see God.’‘Blessed are the peacemakers, for they shall be called children of God. ‘Blessed are they who are persecuted for the sake of righteousness, for theirs is the kingdom of Heaven.’ These are befitting to such a fine group of people that continue to challenge and reform these laws. Continue with your brave, just fight! And until we meet again, may the Lord hold you in the palm of His hand… Love Always –Margie Furlong, RSOL Illinois ----------------------------------------------------------------------------- Education: Key to Understanding & Peace of Mind By Sandy Posted on 20.10.2008 Link to this blog entry: [0069] Education: Key to Understanding and Peace of Mind by Sandy of MD RSOL (This article was first published on the RSOL blog page, and then reprinted by BALTIMORE OUTLOUD, a Baltimore gay & lesbian newspaper) Americans crave education. Once educated, Americans are no longer victims to the scare tactics used by officials of power. It is time for Americans to be educated on the subject no one wants to talk about: `Sex Offenders.` A colleague of mine recently had an encounter in a restaurant. The woman beside him started up a conversation concerning another man in the restaurant whom she recognized from the Sex Offender Registry. She asked a couple of questions: “I wonder what the re-offense rate of sex offenders is?” And “How many on the registry have been falsely convicted?” Long story short, when she found out the answers, she stated “I feel so stupid!” Like this woman, the facts will surprise you. This article will attempt to answer to answers those questions and more for you. A very helpful source for answers to questions about `sex offenders` is 10 Myths and the Facts, an RSOL edited version of which can be found on the reformsexoffenderlaws.org homepage - see the Discussion Items, and click on 10 Myths for the full version. Here is a summary of these Ten Myths About Sex Offenders MYTH No. 1: SEX OFFENDERS WILL ALWAYS KEEP OFFENDING Of all crimes, `sex offenders` are widely believed to have the highest level of recidivism. However, treatment professionals and criminologists have known for some time that once sex offenders are caught, only a small minority of them will commit another sex crime....Although some `pedophiles,` before they are caught, have many victims, most have a single victim in or about their own family. . In recent years social scientists and criminologists have combed through an immense accumulation of data from hundreds of studies, which have tracked tens of thousands of individual sex offenders for long periods of time, some even for decades. By 1994, 670 studies of sex offenders had been done and by the end of 2005 well over 700. Many of these studies have been systematized through a methodology called meta-analysis. The resulting data reveal that many common myths about sex offenders are simply false. We outline here some of them. MYTH #2: "TREATMENT DOESN'T MAKE ANY DIFFERENCE." The public has been told for years that treatment doesn't work, that "for sex offenders nothing works," but here too a myriad of major studies indicates otherwise: (See the complete article on the Discussion page). MYTH #3: "THE GREATEST THREAT TO OUR CHILDREN COMES FROM STRANGERS." According to the most recent major study by the Bureau of Justice Statistics (2004), where 9,700 sex offenders were tracked, only 7% of such crimes against children were perpetrated by strangers. (See the complete article on the Discussion Page) MYTH #4: "BANNING SEX OFFENDERS FROM PLACES WHERE CHILDREN CONGREGATE WILL SIGNIFICANTLY PROTECT OUR CHILDREN." To claim school yards, daycare centers and other places where children congregate need legislation or Global Positioning Satellite (GPS) geo-fence to keep sex offenders away may sound sensible, but again the facts do not fit the reality. (See discussion page)... MYTH #5: "TOUGHER LEGISLATION IS THE ONLY SOLUTION." In the U.S., our judges are learned and principled and render few decisions without due diligence. Very stiff punishments for child murderers are certainly called for, but punishment is just only when it is proportioned to the severity of the crime. Such judgments should remain in the courts, subject to very specific deliberations --they should not be rendered in the legislatures, where careful deliberation is impossible. (See the discussion page).... MYTH #6: "THE ONLY WAY TO DEAL WITH THEM IS PUT THEM BEHIND BARS." Today, with two and quarter million inmates, our country has more people in jails and prisons than it does in all our colleges and universities combined. When three-quarters of all offenders are going back to prison, just funding more prison cells isn't the answer. (See the Discussion page).... MYTH #7: "MANDATORY MINIMUM SENTENCES ARE EFFECTIVE AND WILL HELP PROTECT SOCIETY." Although the public may believe that extremely stiff, mandatory minimum sentences and lock'em up strategies send a message that deters crime, history tells another story. (See Discussion page)... MYTH #8: "SEX OFFENDER REGISTRIES ARE NECESSARY TO PROTECT SOCIETY." Posting names, addresses and photographs on a Sex Offender Registry is not only a risk to those on the list; it can also lead to unintended, inappropriate and destructive consequences for the whole community. (See Discussion Page)... MYTH #9: "TRACKING DEVICES ARE A PRACTICAL AND JUST MEANS FOR KEEPING SEX OFFENDERS UNDER SURVEILLANCE." If we want fewer victims of sexual offenses, the primary goal should be to reintegrate former offenders peacefully back into society as law-abiding citizens. This cannot be done if we keep them in fear and on the run. Tracking devices that have to be worn conspicuously only make targets of the people we are trying to reintegrate into society. (See discussion page....) MYTH #10: "THE EXPERTS SAY THAT STRONG, REPRESSIVE MEASURES ARE NECESSARY TO KEEP SEX OFFENDERS FROM RE-OFFENDING." Below are some revealing quotes from various experts and authors who have studied sex offender legislation and treatment. Tom Masters, Program Director, Correctional Treatment Services at Oregon State Hospital: Unfortunately a lot of crime legislation is a function of politics and does not lead to rehabilitation or community safety. Margaret Love, former Justice Department Pardon Attorney, writes: Mean spirited vengeful legislation is only an incitement to vigilante injustice masquerading as a responsible public safety measure. In the June 2006 issue of National Wildlife, Richard Law summarizes some studies on how we in America have become so overcome by fear. Here are some excerpts: Fear is felt nearly intensely in suburban Overland Park, Kansas, as it is in urban Philadelphia. One suburban father told me, "I want to know where my kid is 24 hours a day, seven days a week. I want to know where that kid is. Which hours. Which square foot. Which telephone number. (See Discussion page on the RSOL Website, currently at the top of the Affiliated State Group Page.).... ------------------- (Continuation of text by Sandy) As you can see, `sex offenders` are one of the least re-offenders. Surprising still, is the fact that it’s not strangers that we need to worry about harming our children, but someone you know and trust. Good to know around Halloween. And did you know, not even one sexual abuse has ever been committed during trick or treat. So why are they in the news all the time? For one, all though some but not all offenses are against children. This makes it a front page story and acts as a very powerful scare tactic. A better choice for parents and for women in general would be to teach and practice safety. Why s it just during Halloween do we print, educate, and encourage safety? These are rules that should be followed every day. Women, you need to take it one step further: 1) Always lock your doors to your car, your home and even your windows. 2) Ask for an escort if you leave work or the mall at night. 3) Take self defense classes and practice until it’s a reflex. Self defense classes teach more than how to physically protect yourself, they teach you to act smart and think safe. I had myself and my daughter is self defense classes not once but twice. Once when she was 8 years old and again when she was 14. And we practiced. From the time she was a toddler, I preached safety and educated on strangers. We had a password when she was in school and we have one now even though she is 24 years old. It is what you do as a parent that makes your child safer, not what is posted on the internet, or on the doors during Halloween. The other question to be discussed “How many sex offenders are falsely accused?” More than you realize. According to the Innocence Project, there have been 223 post conviction DNA exonerations in the United States alone. Common causes of the wrongful convictions were: poverty, racial issues, eye witness misidentification, corrupt scientist, corrupt police, corrupt FBI agents, corrupt prosecutors or inept defense counsel. Unfortunately for many, the Innocence Project only takes on cases where DNA can be tested. There are many innocent men and women, still being punished for a crime they did not commit. Why? Because they have been told that all the evidence collected when they were convicted in the 1970’s and 1980’s had been destroyed. So until we can find a way to help these people, we will never know the true number of innocent people who are paying for crimes they did not commit. I hope this article helps you make more educated and informed decisions in the future. I also hope it helps you to distinguish what is just a scare tactic and what is fact. If you need more answers, you may e-mail me at sdk5460@yahoo.com. ------------------------------------------------------------------------------------------------------------ BRAVE PATRIOT PENALIZED FOR YOUTHFUL ROMANCE From the mother of a young “sex offender” down south. After a one night stand with a 16 year old who had false ID (20 years old) my son was found guilty of a misdemeanor for sexual misconduct in another state. End of story. Young GI. Went on to Iraq where he was highly decorated. Except here in this state he is on a public registry and ostracized as much as any serious pedophile. After 25 years of calling Texas home, we will be leaving this state before his children start public school. Probably back to where his wife is from, so that we can all live a \"normal\" life. For some odd reason, in the original state where the charge was laid, they understood that he had sex with a lying underage girl. Misdemeanor. $160 fine. I leave a good career, beautiful home, but that is nothing because my family is gifted, brave and hardworking. We will be assets to some other community. Now it is almost Halloween and the outcry is to keep folks like my son locked away to prevent injury to children? Excuse me? He has children (and bless my heart we've even had neighbors call the police over the fact that he has children of his own now!) Low risk offenders DO NOT belong on any public registries! Period! The average citizen is too stupid to understand the ignorance of our policy makers - either that, or they just can't read the facts for themselves. Thank you for letting me vent. ----------------------------------------------------------------------- END OF RSOL DIGEST #14, OCTOBER 31, 2008

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RSOL DIGEST #13, Sept. 2008

By RSOL Team <> Posted on 30.09.2008 Link to this digest: [0013]

RSOL September 2008 Digest, #13 INDEX Quotes of the month Introduction by Alex Marbury News from the States by Alain Levesque Focus on the Candidates – LET THEM HEAR FROM US! Important Policy Recommendations from Admin Team Death Penalty Rehash – Action Items American “Sex Offender Laws” and the Third Reich, by Margie Furlong America: Land of the Free, by Renate What About the Victim?, by Texas Voices Members ---------------------------------------------------------------------------------------------------- Quotes of the Month “Hate mail comes from a peculiar American disease. The syndrome is called: ‘It is better to cling to a belief and sustain a lie than to accept a truth and change a belief dis-function.’ ” From Kelly Piercy, Georgia RSOL state contact. “I hope my husband will no longer be classified with the violent “sex offenders.” He was 19, and she was 15 (at the time of the alleged sex). Unless we can get the time lowered, we will never have a normal life together.” Wife of a “sex offender” in Texas. “They used to burn the females as witches, now America burns the men.” Renate, Illinois RSOL organizer ---------------------------------------------------------------------------- Introduction by Alex Marbury This month I’ll let Alain Levesque, our new volunteer state coordinator, sum up our recent progress in the state groups. Every time he adds a state to our affiliated state group page, we get a rush of new enthusiasm. I’ll only say that we are hoping everyone lets the candidates know about the issue of “sex offender” law reform. It’s not yet on the radar, but we know it absolutely should be. A community of a couple of million people, “sex offenders” and their families, are suffering enormously from these laws, and the genuine victims of sex abuse are not benefiting in the least. Meanwhile the U.S. Constitution has been violated in numerous ways, though the state and federal courts are beginning to assert civil liberties protections. Both the Alaska and Missouri Supreme Courts have ruled against the retroactive portions of their “sex offender” registries, and there are promising court decisions coming up in Maine and Ohio, among other states. A Federal court in Indiana has also ruled against computer searches of “sex offenders.” Week by week we are adding signatories, including lawyers and other professionals, as well as non-public participants, including “sex offenders.” Our expanded administrative team of 7 people is now functioning as the decision-making body of RSOL. We are growing slowly, but we are growing. My own opinion is that we must gear up for a big push shortly after the new President is inaugurated next year. Let’s be thinking of regional conferences as well as a lobbying conference to meet and educate legislators in Washington, D.C., before next summer. NOTE: Two items in this month’s digest are from two dynamite RSOL volunteers in Illinois – both expressing extreme disgust at the direction America is headed with the “sex offender” laws. The second article is by a German immigrant who compares her former homeland as it is today to America today, and also who sees parallels between East German oppressive laws and the “sex offender” laws. ----------------------------------------------------------------------------- NEWS FROM THE STATES by Alain Levesque September 2008 will go down in the history of our organization as the most productive month ever for the creation of state groups! No less than 6 new affiliated state groups were founded during the month, by far our greatest monthly accomplishment. The first state with a new RSOL affiliated group was Georgia, with the nomination of Kelly Piercy as the state organizer. Mr. Piercy is certainly among the most pro-active organizers that RSOL has had since its foundation. His group, “Georgians for Sex Offender Registry and Residency Restriction Reform” (GASORR) has already initiated three major projects in the state, including a flier campaign and a letter sent to state legislators. Kelly is also working on an official website (http://www.gasorr.org), which is in itself a remarkable accomplishment for a blind man. He is also giving support to a local “sex offender” and his family who are in great need of help. Finally, Kelly is currently co-organizing a project of coalition among different state groups from the Southeast. All of us at RSOL wish to congratulate Mr. Piercy for everything he has accomplished so far, and we look forward to the new records he will break in the future. You can contact Kelly Piercy at gasoem@gmail.com. Our other new state organizers are also showing a lot of motivation and desire to get significant change done in their states. In Maine, the group “Maine Citizens for Constituional Justice” was founded with Matthew M. as the official organizer. Matthew is working very closely with another volunteer, Lois, and the two are currently developing promising projects. You can contact Matthew at mainersol@yahoo.com. In Maryland, the very talented Sandra Dee Kennedy became the official organizer of “Maryland Citizens for Sex Offender Justice”. During the month, Miss Kennedy has worked on an official website for the Maryland group (http://mdcitizensforsexoffenderjustice.tripod.com), in addition to another website that she is in charge of (http://supportforwivesofsexoffenders.webs.com). You may contact Sandra by writing her at sdk5460@yahoo.com. The last three groups were created very recently, and have not had much time yet to develop concrete projects. In New Mexico, Alice Benson created “RSOL New Mexico”, a group that aims at helping sex offenders in various ways, including, for one time offenders, by paying one month rent upon release from prison and by assisting them in finding a place to live and a job. You may contact Alice at madalleyreport@aol.com. Another talented citizen, Anthony O., became the official organizer of “Alabama Citizens 4 Change ”. Anthony is currently working with our Georgia organizer Kelly Piercy, as well as with other state organizers, in building the future SouthEast Reform Coalition. You may contact Anthony at al4change@yahoo.com. Last but not least, RSOL is proud to announce that the very symbolic state of New York now has an official affiliated group! “RSOL New York” is led by a promising organizer, Jennifer Ferreira. Full of ideas and eager to get change done in the New York state legislation, Jennifer is currently working on an official website (http://www.freewebs.com/rsolny/index.html) that will include an impressive amount of information and various tools for volunteers, as well as a monthly poll and an online petition. Miss Ferreira is in need of volunteers to get her many projects done. Please contact her at rsolny.contact@gmail.com. In addition to those new affiliated groups, two of our current groups have changed (or are about to change) their state organizers. In Missouri, our former organizer Dean has decided to step aside and leave the role of state organizer to the very motivated Darrin O'neil. Dean will continue to be involved in the Missouri group as a volunteer. If you are a Missouri citizen and wish to dedicate some of your time to our important cause, please contact Darrin O’neil at missourirsol@yahoo.com. Also, in the Sunshine State, our former organizer Luis M. had to step aside for personal reasons. The RSOL team is currently in touch with a potential organizer, who has a lot of experience and is very much involved in her community. We are looking forward to being able to officially name this person as our Florida state organizer. Of course, we continue to depend on the stalwart organizers Mary Lou Molnar in Texas, Margie Furlong in Illinois, Laurie Peterson in New Hampshire and others, who have built a solid base in their states. We are hoping to get a few more state groups created. We are currently in touch with people in Nevada, South Carolina, Michigan and Pennsylvania who showed interest in becoming state organizers. We will continue our email campaign to recruit people in other states. Our main goal is to reach the symbolic number of 25 States by the end of the year. Finally, in October, we hope to have our first interstate coalition, with the creation of SERC (South East Reform Coalition). Anyone who wishes to get involved in an existing state group or wishes to become our official organizer in a state which does not currently have an affiliated group may contact me at alain360@fastmail.fm. Remember that the more people who join our struggle, the greater will be our chances of success! Alain Lévesque, RSOL State Coordinator --------------------------------------------------------------------------- Focus on the Candidates – LET THEM HEAR FROM US! Many RSOL participants have written letters to the candidates and their campaigns. That’s a great idea – write the campaigns, and in the case of Obama, Biden and Palin, write them at their state offices for Senate or Governor. AND - If you can get to a rally or a stop on the campaign trail for any of the candidates, raise your hand and ask a question. And if they won’t answer or beat around the bush, tell them that they owe it to the millions of people who are “registered sex offenders” and their family members – ordinary,hard-working, good Americans. Here’s an excellent sample letter from one of our most outspoken affiliated state group contacts: The following was sent to the McCain campaign. You can access his site at www.johnmccain.com. Go to Action/In Your State. Contact Information for your state will appear. I also contacted Obama's campaign. His campaign can be reached http://my.barackobama.com. From: snapper1964@hotmail.com To: illinois@johnmccain.com Subject: Sex Offender Laws/Proposed Legislation Date: Wed, 10 Sep 2008 08:18:19 -0500 Dear Senator McCain: I appreciate your efforts in protecting families and values. However, I find it important to voice my concerns. Why create new and tougher laws for sex offenders when the existing laws are unjust and counterproductive? Laws created from mass hysteria, panic, confusion and the media; do little or nothing to make the public any safer. The broad definition of the term 'sex offender' has devastated many individuals who are guilty of no more than a one time lapse of good judgment. Contrary to popular belief, many so-called 'sex offenders' are of no risk to the communities in which they live and work. The public disclosure of personal information is a violation of one’s rights and ability to re-integrate into society. The current public disclosure of all considered 'sex offenders' has severely hampered the ability of these individuals to secure employment. Countless history lessons, throughout our educational years, have focused on a group of individuals to persecute. They have included, but are not limited to, Lepers, Christians, Hebrews, Jews, Blacks – both in the form of slavery and as a segregated group in the 1950’s, American Indians, etc. Let’s not forget the so-called Witches of Salem. Laws were cast upon them that were unfounded and absurd today. In the 2000’s where we have much more technology and we’re ‘smarter’, we have begun the persecution of sex offenders. There are no programs, at least that I can find, that would assist former offenders with their re-integration into society. Let's take a look at Bristol Palin, for example. We know she's pregnant at the age of 17 and the father of her child, Mr. Johnson is 18. In some states, Senator, Mr. Johnson could be convicted of a sex crime requiring him to register as a sex offender. Does anyone think that would be a good thing for Ms. Palin, her baby and her husband-to-be? Mr. Johnson certainly is not a pedophile. This is a simple case of 'Romeo and Juliet.' But how does the government make this situation better by turning someone else in the same situation into a sex felon? Please consider researching the facts. As the public becomes more educated concerning the unjust 'grouping' of all who have been deemed 'sex offenders', registry reform must follow. The laws, as currently structured, have created an over-blown registry that will continue to grow out of control. It is time for fact-based laws that will benefit society as well as the offender. I will end my letter to you with a quote from one of our founding fathers: 'Any society that would give up a little liberty to gain a little security will deserve neither and lose both.' -- Benjamin Franklin Sincerely, Margaret A. Furlong ------------------------------------------- AND – Here’s an appeal from a “sex offender” who was told by a state agent that he should be careful about participating in groups like RSOL! We ask ourselves, is this really America? Sadly, it is today. If we work hard, maybe not tomorrow! TOUGH TIMES FOR US ALL! These are tough times for all of us. Not just as “Sex Offenders”, but as Americans. I still believe deeply in my heart that as Americans, Truth and Justice will prevail and all of us will pull thru this period of hardship related to the issues of Government and Wall Street. I believe it’s over for the Corporate Schemers and Politicians who have used greed and lies to gain profits for themselves. I believe it’s over for the injustices done to little people and for those who have preyed upon the innocent. I believe this is a wake up call to all Americans who believe in doing the right thing! We need to get the individuals voted into office who need to be there and get those out who have no business being there. This will be the greatest election in our generation, and I encourage all to watch the debates, and decide amongst yourselves who you think is the right candidate to lead us back to being the nation of leadership we have always prized ourselves upon being. If you cannot vote, then pray. If you can vote, then please, get out and vote for the candidate of your choice. We, the people decide who we elect to fire or hire to be our leaders. We have that power! That is one thing as a convicted felon I want to have more than anything! I WANT MY RIGHT TO VOTE BACK!. I know one day I will have that honor, that privilege, once again. Thank you and God Bless America. ------------------------------------------------------------------------------ IMPORTANT POLICY RECOMMENDATIONS FROM THE RSOL ADMIN TEAM A longer version of these policy recommendations was sent to all the affiliated state group contacts. We want to share the basics with all of you, though we sincerely hope these issues – which are bound to come along – don’t keep any of us from continuing the struggle. We welcome your comments and responses. Reformsexoffenderlaws.org has faced several challenging issues recently. Our administrative team of 7 volunteers has discussed these issues and we make the following policy recommendations. ------ ISSUE #1 HATER WEBSITES AND VIGILANTE GROUPS 1. The internet is a big, public forum. By publicly joining our campaign on the net, RSOL signatories and volunteers know they have exposed themselves to some undeserved grief! RSOL continues to draw the attention of vigilante, "hater websites.” Some of these websites have listed RSOL signatories on their sites, and have made false statements about a few signatories. We view such action as an intentional campaign to deny the basic political and civil rights of "sex offenders” and their families. RSOL is an organization which engages solely in legally protected lobbying, public education and support group work. Any claim to the contrary is fraud and slander. RSOL will NOT name the hater websites, because to do so (1) encourages them by increasing their visibility, and (2) may endanger those who might visit the sights because their email addresses would be stored and possibly used for hostile purposes. We urge RSOL participants to report any harassment by "watchdog vigilantes," or "hater websites, and to be undeterred in our common struggle for justice. ------- ISSUE #2: UNSOLICITED EMAIL NOT FROM RSOL 2. Recently, several admin team members and affiliated state group contacts received odd emails from an unidentified source, and some asked if these were from RSOL or approved by RSOL. The answer is NO. RSOL only sends out information clearly marked in its own name and from its own identifiable volunteers, and NEVER goes beyond the bounds of our original statement. We urge RSOL participants to let us know if you receive such email, but generally to ignore and delete these messages - just as we ignore and delete sudden requests from banks, insurance companies, religious groups or African princes who contact our personal email unsolicited. THIS GOES DOUBLY for any email which asks for a financial contribution or loan. --------------------------- ISSUE #3: CONTROVERSIES ABOUT THE "FALSELY ACCUSED" 3. RSOL received an anonymous email - not even including an email address - which attacked a "sex offender" whose case has been featured on our "tales from the registry and beyond" page, and was also featured as an action item. Our decision is not to take any action on totally anonymous emails of this kind. Beyond the specific case, there is the issue of the "the falsely accused." Obviously, some who are accused of serious sex crimes are indeed guilty. We do not want to seem to treat every case as a "travesty of justice." On the other hand, we believe that the current structure of public discussion and also of judicial judgment of "sex offenders" is hysteria, not a real or rational discussion. The issue is not who is telling the truth, but that the law is crafted so that only the accuser is often seen as telling the truth. RSOL allows people to tell their stories that claim they are falsely accused, because, in the current environment, many falsely accused people DO go to prison. RSOL will air the stories of those who claim to be falsely accused, although we will consider them as possibly or likely falsely accused, not definitively. We support the civil liberties of ALL persons accused, convicted, registered or committed civilly for "sex crimes," both false and real. Only by doing so, we believe, can we also begin the difficult task of helping those who were truly "abused." RSOL Administrative Team DEATH PENALTY REHASH The following note in the New York Times a few weeks ago is chilling. The Supreme Court almost NEVER revisits a case in this manner. They must have gotten a lot of pressure from both political parties, since both Presidential candidates denounced the decision. RSOL participants are urged to contact their U.S. Representatives and Senators and urge them to make public statements against capital punishment in non-murder cases. Louisiana participants should especially be urged to write letters to the editor about this matter. http://www.nytimes.com/2008/09/09/washington/09brfs-SUPREMECOURT_BRF.html?_r=1&oref=slogin Supreme Court Might Revisit Case By ADAM LIPTAK Published: September 8, 2008 In an indication that it may revisit a June decision banning the death penalty for child rapists, the Supreme Court asked the parties in the case and the United States solicitor general to submit supplemental briefs. The decision, Kennedy v. Louisiana, had overlooked a 2006 federal law making child rape a capital crime under military law. The unsigned order asked for briefs “addressing not only whether rehearing should be granted but also the merits” of whether the recent law should alter the five-justice majority’s conclusion that there is a national consensus against capital punishment in such cases. ----------------------------- SEX OFFENDER LAWS - The Third Reich of the 21st Century? By Margie Furlong Let’s take a walk through history. The year is 1933 and Adolph Hitler is now the dictator of Germany. On April 1, 1933, one week after Adolph Hitler became dictator of Germany, a boycott of shops, banks, offices and department stores owned by the Jewish community was ordered. Although unsuccessful, it was followed by a rapid series of laws robbing them of many rights. Six days later, on April 7th, ‘The Law of the Restoration of the Civil Service' was introduced. This law made ‘Aryanism’ a requirement to hold a civil service postion. All considered to be non-Aryan and holding a civil service position were dismissed or forced to retire. On April 22nd, another law passed prohibiting non-Aryans from serving as patent lawyers and serving as doctors in institutions utilizing state-run insurance. Four days later on April 25th, laws were passed with regard to the overcrowding of German schools. Obviously, this restriction limited education benefits to many innocent young people. On May 6, the Civil Service law was amended to close any loopholes to keep out honorary university professors, lecturers and notaries. On June 2nd, another law prohibiting non-Aryan dentists and technicians was passed that banned them from working with state run insurance institutions. On September 28, anyone that was non-Aryan was prohibited from employment with the government. On September 29, non-Aryans were banned from all cultural and entertainment activities including literature, art, film and theater. In early October, non-Aryans were prohibited from being journalists and all newspapers were placed under Nazi control. And it continued and continued and continued…. Eventually, as we all learned from countless history lessons, many innocent people were sent to concentration camps. Many were forced into labor and many more died. Why? Because of hatred from ONE man! He fueled that hatred across Germany with his lies. He blamed those he considered to be non-Aryan for poverty, joblessness, whatever he could think of. He was the master manipulator of his time. So many people believed him even though he had no concrete evidence to back up his information. ******************* Let us propel forward to 1989. A young boy from Minnesota, Jacob Wetterling, was kidnapped from his hometown. His whereabouts are still unknown. In 1994, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act was passed. It is simply known as the Jacob Wetterling Act. It was the first law to introduce a sex offender registry. It has been amended several times and most famously with Megan’s Law in 1996. Megan’s Law, passed in honor of Megan Kanka, a curious seven year old who was lured into the home of a violent sex offender in hopes of seeing a new puppy, required law enforcement officials to publicly make information available as to the whereabouts of sex offenders within the communities where they reside. This law has been amended several times. Mrs. Kanka claims the reason she rallied for such legislation is because if she knew that such a violent person lived across the street, she would have warned Megan to stay away from him. It appears, however, that neighbors knew of this person. Let’s not forget Jessica’s law. Jessica Lunsford died a violent death at the hands of John Couey. Although not passed in every state, Jesse’s law is derived from a Florida law. Jesse’s law would mandate GPS monitoring systems around ankles of sex offenders for 5 years following release from prison and lifetime monitoring for those offenders that are considered predators. States would also be required to mail sex offender registry forms twice per year. If the registration is not received within 10 days, the offender is considered non-compliant. Most recently, President Bush signed the Adam Walsh Act of 2006. It will expand the sex offender registry, strengthen federal penalties for crimes against children, introduces a new internet task force and require couples who want to adopt or become foster parents to have background checks. And it continues on and on and on…. The current laws restrict reformed sex offenders from re-integrating into society. Residency restrictions are in place anywhere from 500 feet to 2000 feet from anywhere children may gather – schools, parks, day care centers, etc. Background checks make it virtually impossible for them to gain decent employment. Movement is restricted even to everyday chores such as taking out the garbage or running everyday errands. Why? Because the public is fueled with hatred. Many believe that all the people on the registry are pedophiles when they have absolutely no idea what the word pedophile means. But someone with authority, similar to that of Adolph Hitler, said it so it must be correct. Our lawmakers wouldn’t propose tougher legislation on sex offenders to get votes now, would they? Wake up, America! These laws do nothing to protect you. You have no idea if someone on that registry is a teenager convicted of a crime for having consensual sex with his younger girlfriend or if it is actually a violent sex offender. The registry makes no distinction between the two. Take a look at if for yourself and you tell me who is the ‘John Couey’ out there. It’s time for fact based laws that protect the public and establish re-integration into society for an offender. --Margie Furlong, Illinois Residents for Common Sense Laws AMERICA - The land of endless possibilities, the land of the free?.... By Renate As a proud mother of a "sex offender, " would "disappointment"( I like being polite) at this promise cover it? I don't think so! When it is possible to be told by the lawyer, who is supposed to help to the best of his abilities, "Well, I did misrepresent your son"! When statements by a psychologist (court appointed) were not even looked at! When nobody cared! It was only for the prosecutor to have another mark on his belt (got another one!). Then one should wonder: is this the land of second chances? Does this land rather see its citizens as potential felons, rather then citizens who can contribute? Oops, wrong expression, "sex offenders" are not citizens, they can't travel, they have no rights, can't go to places like everybody else. But taxes they have to pay! I find there should be an exemption! How should I ask for this? Should I put it in the paper? Oh no, the newspapers only like to contribute to hype and hysteria, they don't like to bring up inconvenient subjects. I grew up in a different country (West Germany), and this one is slowly developing into the country I used to live next to, "East Germany." There, it was prohibited to think against the regime. Just thoughts and ¨maybes¨ were ground enough for arrest. One could even be arrested just for looking at someone too long. The government told everyone what to do. That was easy - no thinking required, convenient to that communistic land. In my country of Germany at a certain earlier time period (and one has to be very careful not to be politically incorrect), a selected few had to wear special signs on their clothes to be identified. After the war, the government of Germany said, ¨No more!¨ And respect was built towards each other, freedom was precious and the freedom to express oneself became most important. In my country, affection is not taboo, and nobody has to turn every word around in order not to offend someone. No political correctness needed! If some of these so called "I am so right people" from here go to the French Riviera, they would have their mouth open wide! No wonder I hear every day, Europe is great, so free, really free. I don't want to complain that I have come here. I don't regret it. It was my choice and I made it. But I´d like to say, America, watch out! If the government tells you how to wear your clothes, where to smoke, how to say and choose your words and if the law justifies that entrapment is legal; if it is okay to threaten, promise and lie in the name of the law, there is something severely wrong! If people, who have done wrong get different treatment, due to "connections", due to their standing in society, something is wrong. As long as newspapers, television and politicians are afraid to address subjects like unjust sex offender laws, and so long as society addresses sex offenders as "those people," you all are in trouble! Another thought I´d like to add: how come there are so many males as sex offenders listed? I keep thinking, they used to burn the females as witches, now America burns their men! Where are the civil rights lawyers, who brag that this is their calling - justice, civil rights for everyone according to the Constitution? It will keep getting worse and worse if nobody wakes up and stands up to this injustice! Hold your head up high, all of you, who have to deal with the hardships of everyday life (under these unjust laws) and all those family members, who support and fight for you! All of you are in my prayers and have my greatest respect!! Renate in Illinois --------------------------------------------------------------------------------------------------------- WHAT ABOUT THE VICTIM? Texas Voices Members Respond to the Media’s Question, “What about the victim?” Sent by Mary Sue Molnar. Texas Voices has received many, many responses to this request , and more will be published soon! Here are three very brief response by anonymous Texas Voices participants. Anonymous 1. "There are many support services and groups that deal with and are qualified to deal with victim's issues and we highly recommend them." 2. Providing sensible legislation does not undermine victims of sexual crimes. Our focus is for laws/legislation that will ENHANCE public safety by focusing on those offenders who truly pose a threat. 3. In no way are we(I) minimizing the pain of someone who has suffered the devastating effects of sexual abuse. However, the "grouping" of non- violent offenses, such as consensual sex activities among young adults, with crimes that have truly caused damage to a victim, is DISRESPECTFUL to true victims of sexual abuse or sexual assault. ------------------------------------------------------------------------------------------------------------ END OF RSOL SEPT. 2008 DIGEST, #13

[ Please contact us ]

RSOL Digest #12, Aug 2008

By Alex Marbury <alexm60@fastmail.fm> Posted on 02.09.2008 Link to this digest: [0012]

ReformSexOffenderLaws Digest #12, August 2008 (Sent out after Labor Day, Sept. 2, 2008) OUTLINE 1. Quote of the Month 1a. The HOTLINE is up! 1b. Lest We Forget the ¨committed sex offenders¨! 2. Important Website for State Information 3. Introduction 4. State Groups and National Admin Board 5. Urgent Action Items: a. ¨International Megan´s Law Bill of 2008¨ b. Blitz ABC 6. A Bit of Philosophy from Alex Marbury 7.Cruel and Unusual by Judith Levine ---------------------------------------------------- 1. AUGUST QUOTE OF THE MONTH: ¨Laws born in hysteria are symbolic instruments fashioned in respone to confusion, anxiety, terror and rage. They are crafted because the inexplicable demands explanation....At best such laws calm a restive public. At worst, they make the public crazier.¨ Judith Levine, Independent Voice, Burlington, Vermont August 2008 (See complete article below.) ------------------------- 1a. THE HOTLINE IS UP! 1 800 773 4319 The RSOL generated ¨sex offender¨ support hotline is now operating, with a band of you wonderful RSOL participants as volunteers! The toll free number is 1-800-773-4319, and the email address is hotline@supporthotline.org. The hours of operation are (all EST), Mon. 10:30am - 12:30pm; Tues. 7-11 am; Thurs. 3-9 pm; Fri. Noon - 6pm; Sat. 9pm - 2am Sun; Sun. 1-5pm. Call the number or send an email, and volunteers will respond within those hours. We have already had several phone calls and emails a day, and the volunteers have begun to help people with legal, counselling and social support questions. Remember, the hotline staff are NOT lawyers or counsellors, and all are volunteers - they will simply try to refer you to the help you request. -------------------------------------------------------------------- 1b. LEST WE FORGET THE ¨COMMITTED SEX OFFENDERS¨ RSOl spends much of its time working with ¨sex offenders¨ on the public registries, and with their families. These people are in a terrible and unjust situation. We must not forget, however, that there are thousands of ¨sex offenders¨ who have been ¨civilly committed¨ after serving their sentences, and though called ¨detainees,¨ are really prisoners held without charge. Along with them are also many ¨sex offenders¨ awaiting release from prison who are being held, pending classification for commitment! We hope to deal with this more in the next digest. Meanwhile, let´s not forget them! (See Blog Item 0038 for more discussion of this important issue.) ----------------------------------------------- 2. IMPORTANT WEBSITE FOR STATE INFORMATION: This is the best place to search quickly for the rules and regulations for ¨sex offender¨ registration, residency requirements, and other related laws, state by state. Some of this was updated this past April, while some of it is a year old. Let us know if you find a better place for such comparative information! LLRX.COM url. llrx.com/features/sexoffenderlaws.htm ------------------------------------------------------ 3. INTRODUCTION to the August RSOL Digest: More Progress, More Oppression - It doesn´t stop! by Alex Marbury As we go to press, the Democrats have finished their convention and the Republicans have just begin. Several third parties have completed or about to hold their own conventions - Libertarian, Green, American Independent Party,and the Nader Independents, among them. It is extremely sad that none of these parties, even the third parties that traditionally raise ¨taboo¨ subjects, advocates sex offender law reform. Republicans have not completed their platform, but seem set (based on state and county platforms) to advocate for ¨more punishment for predators,¨ ¨stricter and broader registration,¨ and more restriction of residency. Democrats are rather vague. The only mentions of ¨sex offender¨ issues are promises to punish sexual assault more vigorously, and to support similar efforts abroad to protect women from violence. This is a noble goal, but not with measures like the ¨International Megan´s Law¨bill as the most likely vehicle. True, political party platforms are not as important as they once were in America. Nowadays, personality and image, logo and slogan, are more important in the elections. This in itself is a sad commentary on how the political elite treats the citizenry. But it remains a sad fact that in a time when so many Americans have been deprived of their rights in the name of fighting child sexual abuse, and yet children remain unprotected, that the issue of sex offender law reform is totally ignored by the parties and their candidates. Since all America is expected to hold their collective breath for two months until after the election, we, too, must hold off expectations for any substantial change on ¨sex offender¨ laws. Yet RSOL has tapped into a large community of upstanding American citizens in every single state who are demanding the reform of these laws. Among them, of course, are the two million or more family members of ¨sex offenders,¨ as well as friends, neighbors, fellow workers and fellow students who know individuals labled as ¨sex offenders.¨ Some of the 700,000 or so in this category, are not at all ¨sex offenders.¨ They include thousands of juveniles convicted of consensual sex with other juveniles,for instance. Many of the others have paid for their crimes and completed long sentences. Their crimes range from public urination to serious acts against minors or rape of adults. Statistics will show that such offenders have low recidivism rates. Their families and neighbors will tell you that the great majority of these people are trying to hold down decent jobs and remain law abiding citizens. Yet they are hemmed in by complex registration requirements including periodic lie detector tests and such extreme residency limitations that they sometimes become homeless. They and their families are publicly humiliated, and put at risk of intimidation by vigilante groups, by having their photographs and personal information posted on the internet. They are severely hindered in getting jobs, finding housing, or connecting with their families. This is a sizeable community of decent Americans and their families, kept from reintegration into society or rehabilitation, which was supposed to be the purpose of punishment in the first place. America will be a far, far less secure and a more unhappy place until these people are indeed able to get on with their lives and make the contributions of which they are capable. Such a constitency simply cannot be ignored by the political parties - or will be ignored at their peril. So, ¨sex offenders¨ and all who support reform (including really protecting children and others from sexual abuse), must probably wait awhile longer, until the election is over. Then, we must promise ourselves and the politicians that WE WILL BE BACK in force! We will insist that America be true to its values of liberty and justice for all. --------------------------- 4. STATE GROUPS AND NATIONAL ADMINISTRATIVE TEAM MEANWHILE, RSOL continues to grow slowly, and the trickle of opposition to the unjust sex offender registries and other laws has become at least a stream, if not yet a flood. Thanks to our volunteer affiliated state coordinator, Alain Levesque (alain360@fastmail.fm), we now have 15 state groups actively working, and several more in formation. In Texas, about 100 RSOL participants are working diligently with the state contact, Mary Sue Molnar, marysueintx@yahoo.com. She reports, ¨Texas Voices are busy meeting with legislators, discussing common sense legislation that will truly provide safety for our communities and society in general. We have received a great deal of support and are working on proposals which we hope will be sent to study committees before the legislative sessions begin. Our group is growing strong, in members and determination!¨ The Tennessee group´s David & Andi Dyess have made inroads into legislative circles. They have put together a fantastic website (www.tn-voices-of-reason.com, or email him at time4change08@yahoo.com. Tennessee also has a very well-designed little ¨business card¨ with RSOL information on one side and Tennessee information on the other - to put on cars in parking lots or pass around to friends and neighbors. These cards have now been used in several states. The card message is: ¨Current laws are NOT protecting you. Don´t live in fear! Know the truth! www.reformsexoffenderlaws.org Towards a safer, more secure community for all.¨ Go to the Tennessee website to download these cards for your own use! Tennessee also asks RSOL members to ¨blitz¨ ABC nationally, with copies to your local ABC affiliates, urging them to cover the stories of ¨sex offenders¨ who are unjustly treated. (See the action item below, ¨Blitz ABC.¨ Finally, we must mention the determined whirlwind organizer in Illinois - who has given help to some in other states as well - Margie Furlong, snapper1964@hotmail.com. She has written her governor, many state legislators and the state attorney general, and is slowly gaining support (see her excellent letter on our Blog page). At the national level, our newly expanded administrative team - Joel Pentlarge of MA, Laurie Peterson of NH, and Mary Sue Molnar of Texas, as well as Paul Shannon, our webmaster, plus Alain Levesque and myself - has begun to take on new tasks and to work together. We are now set for our first conference call in early October, and we will consider suggestions made by many of you. We hope all of you will keep on raising the issues of ¨sex offender¨ law reform - ask questions at every campaign event as the election heats up. Write letters to the editor to keep the issues alive even as the candidates ignore them! We know you will do all this and more! You are the very spirit of America! Alex Marbury ----------------------------------------------------------------- 5. URGENT ACTION ITEMS a. ¨International Megan´s Law Bill¨ URGENT ACTION NEEDED: Contact US Representatives and Senators, and the campaigns of the Presidential candidates, to urge blockage of HR5722 - the ¨International Megan´s Law Bill of 2008.¨ Let me (Alex) know the results of your lobbying. To read the full text of this bill, see HR 5711 http://www.opencongress.org/bill/110-h5722/text . The International Megan´s Law bill is in some ways the most chilling to come down the pike among all these unConstitutional proposals that undermine our Constitution and way of life. It mocks the Constitutional right of freedom of travel. HR5722 would make it mandatory for every ¨sex offender¨ to report in advance any intention to move to or visit a foreign country. ¨Sex offender¨ is defined as it is currently in the national ¨sex offender registry,¨ which means that it includes a vast array of people, from teens who engaged in consensual sex, to those entrapped on the internet by fictituous ¨victims,¨ to others. As reviewed by some legal experts, it could be applied retroactively, possibly as far back as 1965. It would make it virtually impossible for any current or former ¨sex offender,¨ no matter what their state law currently allows, to travel abroad. The bill also calls on foreign governments to require their ¨sex offenders¨ to report any travel they intend to the U.S., and to contact the U.S. government about such travel. With regard to foreigners, it defines such people as any persons accused or convicted of such ¨sex offenses,¨ or (and get this incredible provision), any persons whose behavior could be interpreted as having been a sex offense under U.S. law. The bill would collect information on foreign governments, including making a list of those governments that have not made efforts to comply with this U.S. law! Such arrogance is unfortunately customary today when the U.S. deals with other governments. We urge all rsol participants to contact their U.S. Congress people and to report the reactions. Urge defeat of the ¨international Megan´s law bill.¨ ----------------------------------------------------------- b. ABC BLITZ From David and Andi Dyess, dyess.family@yahoo.com (www.TN-voices-of-reason.com) We recently e-mailed the 20/20 blog with a request to investigate the injustices of the sex offender registries in the USA. ABC e-mailed us back with the following information on how to submit story ideas. If you don't already have the information, here are the mailing addresses of all the major news shows on ABC. If we all blitz the news shows with requests then maybe they will realize that this needs to be addressed nationally. Also in the file is a link to get the addresses of all the local ABC affiliates. In this time of elections, the news may jump on a story exposing the corrupt nature of these laws. Good Luck. FROM ABC: To submit a story idea to one of the ABC News shows listed below, write a single page letter including your name, phone number, and address. Include photocopies of backup information. On the outside of the envelope, write "Story Idea." If a producer is interested in your story, he/she will contact you. Here are the show addresses: 20/20 147 Columbus Avenue New York, NY 10023 Primetime 147 Columbus Avenue New York, NY 10023 Nightline/This Week 1717 DeSales Street NW Washington, DC 20036 World News With Charles Gibson 47 West 66th Street 2nd Floor New York, NY 10023 Good Morning America 147 Columbus Avenue New York, NY 10023 If you are submitting a Local news story: -Go to ABC.com -Go the very bottom of the screen and click on “LOCAL STATIONS” -Follow the instructions on the map to find the local station e-mail, website, address and phone number. ---------------------------------------------------------------- 6. A BIT OF PHILOSOPHY Just food for thought from Alex Marbury NOTE: This is a personal editorial and does NOT necessarily represent the views of the Administrative Team of RSOL! Giorgio Agamben is an Italian philosopher, based in Venice and Paris, who is especially known for his major works, ¨Homo Sacer¨(1998) and ¨State of Exception¨(2005) In these books, he outlines what he believes is a major trend in U.S. and other ¨democracies¨ toward rule by decree and toward complete surveillance and control of all citizens. According to Agamben, the State begins this process by declaring a special and emergency ¨exception¨ to its Constitution and to other legal strictures against invasion of privacy or indefinate incarceration without charges. In other words, a whole class of criminals - or citizens - is considered so evil and dangerous that the state cannot afford to allow this group any of the traditional rights and protections of its laws. Agamben had in mind principally the ¨exception¨ of ¨terrorists¨ after the 9/11 catastrophy. He believes the ¨war on terror¨ (a war without end, he points out) led the U.S. down a slippery slope toward indefinately holding without charges anyone it declared to be such a ¨terrorist,¨ specifically at secret bases overseas, and then at Guantanamo. The ¨state of exception,¨in the U.S. Patriot Act and related laws, also allowed the U.S. to ignore strict United Nations rules and its own long tradition against torture. Agamben declared that this revived an ancient Roman practice called ¨Homo Sacer,¨ which allowed the Roman Senate to ban individuals it deemed outside the protection of Roman law, and to allow their murder at will by any citizen. Such banned persons were ironically called ¨homo sacer,¨ or ¨sacred men,¨ the only possible exception to legal protections under the rules of Roman myth. Agamben went on to list other ways in which the United States has implemented rule by exception - expanding surveilance, photographing, finger printing even mandatory DNA testing to broader and broader groups of criminals, immigrants and indeed ordinary citizens. Malcolm Bull, reviewing Agamben in the London Review of Books, says that these trends are ¨symptomatic of an alarming shift in poltiical geography. We have moved from Athens to Aushwitz: the West´s political model is now the concentration camp rather than the city state.¨ Agamben felt so strongly about these trends that he refused to be fingerprinted in order to receive a visa to give a talk at an American university in 2004. Those persons declared ¨sex offenders¨ and their families know this pattern of rule by exception all too well. It began in the 1980s, when it was decided that child pornography (often defined to include frontal nudity of persons under 18 at the Federal level) was simply too evil to be held to any of the standards of free speech. Next came the ¨pedophile¨ who was considered beyond all redemption and thus beyond the protection of reasonable law. Finally, this principle of exception has been expanded to an ever-broadening defintion of the hated ¨sex offender.¨ This category includes even child offenders and teenagers having sex consensually with each other, as well as many others whose crimes were without force, violence or even victims, as in the case of those entrapped by police in internet stings. Recently, in England, laws have been proposed to allow parents and other family members who kill pedophiles to plead not guilty to the charge of murder. Literally a repetition of the ¨homo sacer¨ tradition. See the url - http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/2466209/Parents-who-kill-paedophiles-can-plead-not-guilty-to-murder.html Now methodone addicts, drug dealers and (in Tennessee) even those who have abused animals, have become subject to scorn and constant surveillance through public registries. (So far, such people are still accorded some protection, while ¨sex offenders¨ are not.) Who will be the next ¨exception,¨ the next ¨homo sacer¨ to be sought out, humiliated and even killed at will, outside all legal protection, because his or her ¨crime¨ or even his disposition and character are just too horrible to imagine? The State´s logic is compelling. Who can support the rights of terrorists? Who cannot but applaud the humiliation and destruction of child rapists and other perverted and debauched people like ¨pedophiles¨ or ¨sex offenders.¨ I know that the participants of reformsexoffenderlaws.org are staunchly anti-terrorist. So am I. But perhaps we need to begin to draw the similarities among these outcast categories ¨terrorist,¨ ¨pedophile,¨ ¨predator¨ and ¨sex offender.¨ It seems that once so labled, there can be no defense. Simply to call a person by such a name is to condemn him or her. There is then no need for niceties like legal limitations to incarceration or rights to privacy. Long held notions of liberty like the freedom to travel, or to reside whre one chooses, are simply abolished when it comes to these ¨homo sacer¨ categories. Perhaps we need a broader philosophy to make sense of what has happened to those decent human beings who are our friends and family members, now singled out and shamed as ¨sex offenders.¨ Otherwise, as so many of our wonderful mothers and fathers, sisters and boyfriends, neighbors and fellow students or co-workers have said: ¨It just makes no sense at all! It goes against everything we have thought was in the best tradition of America!¨ Yes, it does! Perhaps we should demand that NO human being can ever be declared ¨homo sacer,¨ and that government must be based on just and equal laws, not on ¨emergency exceptions.¨ Alex Marbury (personal editorial) ------------------------------------------------------------------ 7. Cruel and Unusual BY JUDITH LEVINE [08.13.08] Seven Days, Vermont´s Independent Voice Burlington, Vermont http://www.7dvt.com/2008cruel-and-unusual Hysteria, said Elia Kazan, “is inflamed by mystery, suspicion and secrecy. Hard and exact facts will cool it.” Kazan was wrong about a lot of things — for instance, his decision to inflame anti-communist hysteria by naming names of alleged pinkos during McCarthy’s Hollywood inquisitions. But he was really wrong about this. I come to this insight painfully, having spent almost three decades carrying buckets of facts to try to quell America’s blazing sex panic. But as I witness the latest flare-up of panic in Vermont, I conclude: Facts have nothing to do with it. Hysteria is often catalyzed by a grisly event — this time the kidnapping of 12-year-old Brooke Bennett, allegedly by her 42-year-old uncle Michael Jacques. (So far he has not been charged with the girl’s apparent murder.) The event is then sensationalized by the press — this time, rumors of an Internet “child-sex ring” that turned out to be Jacques’ ruse to hoodwink the police. The hint of sex fans the hysteria, which needs no further proof that its object is real (we don’t know yet if Jacques raped Brooke, either). Emotion fuels emotion. Reason and rights are thrown on the bonfire, surrogates of the offenders themselves. Often the catalyzing crime is not preventable or predictable. But mistakes are nevertheless investigated, fingers pointed. Blame is turned to political advantage. In Vermont, Governor Jim Douglas stumps as the tough-on-crime candidate. With his Fox confederate Bill O’Reilly slavering from afar, he flogs Jessica’s Law, a vastly expanded sex offender registry, civil commitment, chemical castration and the death penalty. Barre (Vermont) passes the first sex-offender residency restriction, barring former offenders from living within 1000 feet of a school or park — three-quarters of the city. A week later, Rutland Mayor Christopher Louras allows that he hasn’t conducted any research into the efficacy of such laws, but calls for the same ordinance in his city. In Rutland as in Barre, the aldermen pass the ordinance unanimously. The police, the administration and the people cheer. One Barre resident proposes to the TV camera that the scum be exiled to their own childless “mini-state.” Not to let an opportunity pass, Attorney General William Sorrell and the state’s attorneys pull out their wish list of measures stacking the criminal justice system in the prosecution’s favor. The five-point package contains a rule allowing the defendant’s prior convictions into court as evidence. Another prohibits defense attorneys from deposing the accuser before the trial. Bennington County State’s Attorney Erica Marthage explains the latter: The process is so unpleasant that the “victim” sometimes backs out, and the case must be dropped. The prosecutors also want police to collect DNA samples from every arrestee and keep the samples for good, even if the person is let go without charges. The Senate Judiciary Committee launches a series of six public hearings on sex-crime fighting. Chairman Dick Sears, a Democrat, hints that he is amenable to the prosecutors’ proposals. Committee members voice no concerns that the rules changes eviscerate the Constitution’s Sixth Amendment guarantees of a fair trial “by an impartial jury” and the right “to be informed of the nature and cause of the accusation.” Presented with past bad acts, juries tend to conclude that the guy committed this one, too. And without a pre-trial deposition, the defense attorney can’t gather the information to prepare a case, uncover inconsistencies in the accuser’s story — or, hearing credible claims, counsel a client to plead to a lesser charge. The committee is mum on the specter of local police deciding to draw blood from the arms of anybody they pick up. Only the ACLU expresses alarm at the state holding an archive of the bodily codes of its citizens, guilty or innocent. As the flames of hysteria leap higher, opponents schlep facts to the conflagration. Victims’ rights advocates warn that residency bans send offenders underground, away from crime-preventive social life and surveillance. They point out that keeping offenders away from playgrounds does nothing to stop the vast majority of child abuse, which is perpetrated by the family and friends of the victims. Twenty-five-year minimum sentences like those in Jessica’s Law, they note, may prevent victims from coming forward, for no matter what Daddy did, it is the rare child who wants to be responsible for sending him up the river forever. Some prosecutors warn that mandatory minima deprive the state of the plea bargain, crucial to getting convictions in cases that are rife with reasonable doubt. Vermont ACLU Executive Director Allen Gilbert sums up the opposition’s argument to the latest wave of sex crimes bills: “The problem . . . is that there’s absolutely no evidence they work.” But Gilbert is looking for evidence in the wrong places. We aren’t talking about practical public-policy solutions to realistically assessed problems. Vermont is not in the grip of a sex crime wave. The Department of Corrections keeps close tabs on released prisoners. Recidivism of sex offenders is low. Crimes like Jacques’, thankfully, are ghastly aberrations, so rare as to be statistically almost nonexistent. Instead, we are talking about perceived perils and heightened emotion. Laws born in hysteria are symbolic instruments fashioned in response to confusion, anxiety, terror and rage. They are crafted because the inexplicable demands explanation. It demands that something be done. The label “predator” — even the more neutral “sex offender” — provides both explanation and a signpost to action. It tells us why Brooke died: because Jacques is that kind of creature. It informs us of what to do: hunt the creature down, cage it, mutilate it, kill it. At best, such laws calm a restive public. At worst, they make the public crazier. But a grateful public or a vengeful public — both are politically useful. The laws, in other words, work brilliantly. Friends tell me not to worry. Vermont is a rational place, a smart place, a place that eventually finds a moderate solution. As Speaker of the House, Gaye Symington held off civil commitment. House Judiciary Committee Chair Bill Lippert has stood staunchly in the face of Bill O’Reilly’s vilification. Vermont still doesn’t have capital punishment. But relentless calls for extreme penalties for sex offenders wear down resistance. In response to the governor’s goading, now Democratic gubernatorial candidate Symington has vowed that if elected she will launch a “thoughtful review” of state sex crimes laws. What is left to review? On her watch, the Democratic majority substantially increased prison sentences for all levels of sex crimes (including life for second and third convictions for “lewd and lascivious” conduct, which includes brief touching and hands-off crimes such as flashing). It created an Internet sex offender registry and steadily boosted reporting requirements for more ex-offenders, as well as police surveillance and penalties for violation of probation. A “high-risk” registered sex offender who fails immediately to report a change of address or the purchase of a car faces getting locked up again — potentially for life. The legislature has created special sex crimes investigatory units, which will presumably yield more convictions. At the same time, it has allowed crippling cutbacks to the public defenders’ office. The crimes haven’t gotten worse. Only the political pressure has. Hysteria gets what it wants. Draconian punishments start to make the merely cruel and unusual seem moderate. Referring to the federal Adam Walsh Child Protection and Safety Act, which requires all states to vastly expand their sex-offender registries, Dick Sears told a reporter: “The idea [of the Act] seems to be that most sex offenders have to be on the Internet [registry]. I don’t think a lot of [legislators] have a problem with that.” “Most sex offenders,” under the Act, include people as young as 14. The Act also creates pages and pages of new federal crimes and doubles or triples mandatory minima and statutory damages. But compared with death by lethal injection, what’s so bad about life in prison? Compared with life in prison, what’s so awful about having your face posted on a globally accessible Internet list of sex monsters, and, with it, the permanent impossibility of finding housing, decent work, friendship, or hope — even if you were 14 when you committed the act? Pretty soon, no penalty of a sex offender is considered cruel and unusual enough. When the Supreme Court ruled that capital punishment for the rape of a child is unconstitutional, both presidential candidates expressed disappointment in the decision. “Everything should be on the table,” Sorrell told Vermont Public Radio when asked what sex-crimes laws the state should consider. And while radical penalties become mainstream, formerly mainstream arguments against those penalties become radical. For instance: A defendant is not always an offender; an accuser is not always a victim. People lie about sexual assault, and they coach children to lie. Sometimes it is the contemplation of sending an innocent man or woman to prison — not traumatic memories of a real crime — that causes an accuser to scotch a complaint. Some arguments can no longer be uttered. Here’s one: Being subject to a “lewd and lascivious” act won’t destroy your life, yet the offense can carry a life sentence. Where sex offenses against children are concerned, rarely does the punishment fit the crime. Facts don’t cool emotions. Maybe only other emotions can. I can’t at the moment think what these would be. Compassion? The idea that everyone, even a rapist-murderer, deserves to be treated as a human being? Spare the poison darts, readers. I already know that sentiment makes me a bleeding heart, a pedophile lover, and an accomplice child killer. I also know that as long as terror and hatred persist — and as long as these emotions are fanned — the laws will keep coming, and their severity will keep mounting. Once they are on the books, the statutes are likely to stay. Even decades after this hysteria is tamped, politicians will be wary of broaching repeal. Wisely, they will fear the flammable fumes that might be released if the old feelings are stirred, like toxic gases lying inert in a mineshaft. JUDITH LEVINE

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RSOL Digest #11, July 2008

By webmaster <webmaster@reformsexoffenderlaws.org> Posted on 09.08.2008 Link to this digest: [0011]

Reform Sex Offender Laws (RSOL) Digest # 11 for July 2008 Contact: info@reformsexoffenderlaws.org ============================================================ Table of Contents ================= 1. First Year Anniversary of RSOL a. What We Have Accomplished b. Our Goals for the Next Year 2. RSOL Policy Update a. The Power of Words b. On Signing and Volunteering c. Anti-Hysteria: RSOL's Unique Contribution 3. Our New Admin Team 4. Important Alaska Decision on Ex-Post Facto Violations 5. Sex Offender Registry Outrage in Lubbock 6. Jean Ponzanelli Sentenced to 3 Years; Faces Deportation 7. Help Colton Calhoun Get a New Trial 8. New Book Helps Prisoners Seek Parole ================= 1. First Year Anniversary of RSOL ================================= a. What We Have Accomplished ---------------------------- Exactly one year ago July, a group of twenty or so professionals and activists, mostly from Massachusetts, sent out the initial appeal to > Reform Sex Offender Laws, first by Paul Shannon's article in the > online magazine, CounterPunch, and then by launching our website, > www.ReformSexOffenderLaws.org. At that time, there were several > websites for "sex offenders" and their families, but no effort at > actual public education to stem what we saw as a genuine panic in > America. RSOL believed that children were not protected by the > existing sex offender registry and civil commitment laws, that "sex > offenders" rights were being trampled, that families of "sex > offenders" and even victims of the offenders were being harmed by > these laws, and that the whole American system of justice was being > undermined. We urged others to join us in a carefully crafted > statement to reform these unjust laws. > > RSOL did not want to be "just a lobby group," but rather we wanted to initiate a campaign to educate the public about the reality of sex > offenders, their recidivism rates, and how current laws were > thwarting their attempts to rehabilitate and reintegrate into their > communities. We wanted to start a counter-trend to the scare-mongers who lumped together very different types of offenses and offenders, and painted all with the same brush of hysteria. > > After one year, RSOL can report modest growth and some success. We > have of course not been able to stop the onslaught of the media and > the rant of politicians about the "dangers to innocent children posed by demons in our midst." But we have made a beginning. > In one year, we have grown to have about 500 public signatories - > including very prominent psychiatrists and other therapists, social > workers, lawyers, clergy and community activists, and more than 500 > other non-public supporters, including many "sex offenders." We have helped initiate "affiliated state groups" in some 14 states, and are helping start new state groups each month. Some of these groups, like those in Texas, Ohio and New Hampshire, have made major strides toward blocking new hateful laws, such as severe residency requirements, or toward removing juveniles from public registries. Several state groups, like Texas & Tennessee now have their own excellent websites, and have held state-wide meetings. > As a small group of volunteers began to answer our email, we realized > just how many people - "sex offenders," their families, including > children, and their friends and neighbors - are living under extreme repression and suffering very real pain, including public > humiliation, loss of jobs and housing, and inability to attend school or even church. Some, including teens exposed to public shame on the registries, contemplate or even attempt suicide, and others flee for their lives and sanity to other states or even countries. There are literally a million or more such people in America, bearing the brunt of a public hysteria. And we saw that in small ways, we could actually bring support and some peace of mind to some of these people. But they need more than that! So RSOL has begun exploring ways to set up a National Sex Offender & Families Support Hotline, with an 800 number, that can help such people find resources for housing,job, social, legal and mental health support. The Hotline will soon be a reality. There is already a committee of people who are trained or receiving training to person the hotline, and research is under way to summarize existing laws and existing resources, state by state - a huge job, but it must be done! We hope to announce the hotline number within a month or so. (SEE THE NEW ACTION PAGE ITEM FOR INFO & COMPARISON OF STATE S.O LAWS) > > But RSOL has insisted that our goal is to REFORM and CHANGE the > unjust elements of the sex offender registries and civil commitment > laws. This means a focus on writing articles and letters to editors, and on lobby efforts, at the national and state level. We have a long way to go just to slow down the trend to make the laws worse - especially as the Adam Walsh Act mandates draconian measures be enacted in every state. The job of repealing existing laws is an > even bigger one. But first, we must insist that there is a public > voice, a public demand for justice and reason, not to posture on the backs of innocent children, but actually to protect children and to save our justice system and our constitutional rights from being sacrificed in a campaign to find scapegoats to calm the general fears of an American society under extreme stress from social and economic change. > All of this is a tall order! But we believe we've made a small > start. Despite attempts by hate mongers and vigilantes to derail us, we are marching forward. As the affiliated Texas group, Texas Voices, has said, "We are raising hell in Texas," RSOL hopes we can raise hell about the injustice of these sex offender laws in Washington, D.C., and in every state capitol across America. Please help us! Sign our statement! Write letters to your newspapers, or to your professional newsletters, and to your legislators! Most of all, refuse to be duped into a system based on lies and fears. Help us reform sex offender laws now! > b. Our Goals for the Next Year ------------------------------ i. Increasing our volunteer base: We need more people to help > us maintain and develop the national website, to help us communicate with "sex offenders" and their families, and to get the word out about the mission of RSOL, inspiring others to sign. If you would like to volunteer, please contact us at > info@ReformSexOffenderLaws.org. > ii. Expanding our administrative leadership: We need more > people to actively orgagnize and guide the RSOL effort. We hope to > have a permanent 7 member team by this time next year. As you will > soon find out in this digest, we are already well on our way to > meeting this goal. > iii. More affiliated state groups: About 14 state groups are > now affiliated with RSOL, but we would like to see a group in every > state. Our goal is to at least double the number of active groups > working for law reform in America. See our affiliates page for more information about joining or creating a group in your state. http://ReformSexOffenderLaws.org/groups/ > iv. Lobby Goals: The work involved in tackling the sex offender > registries and extreme laws is so great we have decided to focus our attention on the federal level, with less attention paid to the states. We hope the affiliated state groups will be able to develop resources for the state level, which the national RSOL page will help coordinate. As such, we will work towards the following lobby goals. > a. Identify specific US congressmen and senators willing to > introduce specific bills to amend or repeal federal laws like the Adam Walsh Act, with a priority on the treatment of juvenile "sex > offenders". If we cannot find any couragous souls there ready to > act, we will work to educate them about the effects of the Federal > laws. > b. Develop educational materials: We need to provide > accessible information comprehensible to the layperson on the Adam > Walsh Act (AWA), other federal legislation, and state legislation > that has taken on a national scope, such as Jessica's law. We need > to provide easy to use information on upcoming federal (and state) > legislation, and to track its progress through government and its > application in the courts. To give us a sense of the national > situation, we will try to develop a color-coded evaluation of the sex offender registries in each state -green, yellow, to red. We will put more effort towards coordinating and highlighting the efforts of others, including getting out the research findings of the Human Rights Watch (HRW) to as many federal (and state) legislators as possible. > c. Develop services for "sex offenders" and their families: > In addition to the National Hotline which is well underway, we hope to provide an annotated list of service organizations in each state. We would like to reach out to "sex offenders" and include them more in our work. > > > 2. RSOL Policy Update > ===================== > a. The Power of Words > --------------------- > In late June, the RSOL team thought seriously about > the use of certain key words found on our site and with > regard to the issues we are considering: "predator," > "pedophile," and "sex offender." From this point forward, > we will use these terms only in quotes, because we believe > they have been used primarily to demonize whole classes of > people, and they have also often been used in confusing > and contradictory ways, and often altogether misused. > With regard to "sex offender," we will not put quotes > around the term when used as an adjective to describe laws, > but only when referring to persons or classes of people. > > b. On Signing and Volunteering > ------------------------------ > RSOL also continues its policy of not encouraging "sex > offenders" to sign the public statement, because our > primary purpose is to show that non-offenders are also > against unjust parts of current sex offender laws. We want > to support and encourage "sex offenders," including those > accused of being "predators" or "pedophiles," to > participate actively by sending in Tales from the Registry, > writing for our blog, or working for change in the > affiliated state groups. > > Commentary: Threats of being soft on "predators" and > "pedophiles" fuels the development of ever worsening sex > offender legislation. Many pro-"sex offender" organ- > izations participate in this by claiming the registry's > true object are the "predators" and "pedophiles," without > giving any thought to the way these terms are used by > interests in the media, law enforcement, and politicians. > > "Pedophile" for instance is rarely employed in its > psychiatric sense. It is often used to mean any desire > that breaches some vague taboo against age-discrepent > relationships. 50 year olds are accused informally of > being "pedophiles" if they desire 20 year olds, and > this designation even falls upon the shoulders of > teenagers who have sex with each other if there is an age > gap. And even where the term is used according to the > psychiatric definition there is little appreciation for > the nuances offered by science on this subject. > "Predator" is an even more empty term. There need be no > relationship to violence or behavior meaningfully defined > as predatory. All sexual behavior is interpreted as pre- > datory, painting everyone who engages in illegal sexual > activity or looking at illegal images with the same brush. > > When organizations advocating for "sex offenders" use > these terms unconsciously, they help reproduce the very > way of thinking that has landed us in the negative space > of the sex offender registries. These organizations > declare the registries to be inhumane and unacceptable, > as a threat to civil society, and yet unthinkingly assent > to it nonetheless. What is needed is thoughtful use of > these terms, and the people designated by them, and this > is what we hope to highlight by the use of the quotation > marks. We also actively challenge these exclusionary > designations by inviting "sex offenders" to help us in our > work. > > c. Anti-Hysteria: RSOL's Unique Contribution > -------------------------------------------- > Paul Shannon explained to the RSOL team recently that he > felt that the unique contribution of RSOL was a staunch > anti-hysteria position. We do not believe only that the > laws need reform, but that the bad laws reflect and imbue > faults in our society. We need to reform more than just > the law, but also our way of thinking about sex offenses. > He provided an analysis of two kinds of organizations. > > The first takes a purely legislative route. Its world > view is different from RSOL. Their main goals are to > "protect children," with no critical awareness of how this > approach itself threatens the society we live in. As > mentioned in the commentary above, these organizations > actually end up affirming the registries and the extreme > laws, going only so far as to exclude themselves or ju- > veniles. Their work would leave in place nearly the entire > infrastructure of sex offender registries, unlimited civil > commitment, and social panic. > > The Reform Sex Offender Laws project, on the other hand, > views the law as developing out of a cultural context, and > the cultural context shaped by legislation. As Paul puts it: > "We are one of the few groups that specifically challenges the sex offender law approach - we believe it harms the welfare of the whole society." The idea of the "sex offender" > poisons the relationships between adults and children, and > puts fear in kids that everybody is a kidnapper. It has > become an unending resource for those who would expand law > enforcement to the point of a police state. If these are > the effects, the "protect children" approach fails to > succeed in its stated aims. > > It is not enough to remove or add a few clauses here or there > to the existing legislation. Real reform means dismantling > the legislation and a way of thinking that has put America > in a permanent state of emergency, with all the irrationa- > -lity and opportunism this entails. Reform means revisiting, > rethinking, and reshaping our intuitions, to make ensure the > integrity of America and its children. > > It is our policy, therefore, to remain committed to our anti- > hysteria stand, and to continue our efforts in developing an > analysis of the threat the sex offender laws and registry > pose to America and the world. > > > 3. Changes in the Admin Team > ============================ > We are pleased to announce a widened administrative team. In > addition to Paul Shannon and Alex Marbury, Laurie Peterson from NH, > Mary Sue Molnar of Texas Voices, and Joel Pentlarge from MA have joined the team. The administrative team will work together to shape RSOL policy, and organize projects and volunteers. We also welcome a new volunteer, Alain Levesque, who is state affiliate group coordinator. > > 4. Important Alaska Decision on Ex-Post Facto Violations > ======================================================== > A fantastic ruling supporting the rights of at least some "sex > offenders." > > The Alaska Supreme Court ruled July 25 (John Doe v. State of Alaska) that the Alaska "sex offender" registration requirements for persons arrested and convicted before the law was passed (1994) violate the State protection from ex post facto laws. > Alaska discussed the U.S. Supreme Court's ruling on a similar case in > Connecticut (Doe v. Smith) where the SC said "sex offender" > registration was NOT punitive and thus did not violate ex post facto in the U.S. Constitution. Alaska ruled that such registration, while not intended to be punitive, is indeed very punitive, siting > U.S.Supreme Court Justice Ginsburg's dissenting opinion in the Smith case, that public registration on the internet caused "profound > humiliation and community wide ostracism." > > Alaska's ruling in sum is that those requiring public sex offender > registry for one "who committed a crime and was convicted and > sentenced before the Alaska Sex Offender Regstration Act was passed > violated ex post facto provisions of the Alaska state Constitution. > We conclude it does so, because it imposes burdens that have the > effect of adding punishment beyond what could have been imposed when the crime was committed." The Alaska court, in a footnote, quoted Anatole France's famous saying about the fallacy of a "majestic equality of the law which allows the rich and the poor alike to be punished equally for sleeping under a bridge"..., but that "We cannot allow the mere appearance of equal freedom to obscure the reality." Alaska said, essentially, that the appearance of equal freedom in the registry laws, not technically punitive, but in reality horribly so, could not be allowed to stand. Alaska went on to say it would be one thing, for instance, to require periodic registry (with appeals for removal) in order to keep offenders from taking jobs or housing that might endanger children or others, but that Alaska's current, unappealable, and often lifetime registry, could easily prevent offenders from getting ANY jobs or housing." Alaska also pointed to instances of suicide and vigilante actions against "sex offenders" in other states as evidence of the actually punitive nature of requiring registration which placed people's identity and address on the internet - "for the whole world to see." > > Other states: In Maine, a similar challenge to retroactive registry > is still underway, though the state court has ruled that a plaintiff has the right to challenge the law as violating ex post facto. Missouri has similarly banned retroactive registration requirements for those convicted in 1995 or before. > (Thanks to Laurie Peterson for sending all this information along. > Apologies to her and to lawyers for the non-legal nature of this > article - but we think RSOL people ought to know about this quickly, to challenge similar laws in their own states.) > > > 5. Sex Offender Registry Outrage in Lubbock > =========================================== > "Where Sex Offenders Work in Lubbock: NewsChannel 11 Investigates" > > Texas sex offenders may soon face unemployment due to the addition of "place of employment" on the registry. Lubbock News Channel 11, KCBD, recently took advantage of this issue by launching an irresponsible campaign to provide viewers with specific names of local sex offenders and their places of employment. Pandering to public hysteria, KCBD has certainly crossed the line. Those who may have found this report entertaining must realize that their tax dollars will now be used to pay un-employment wages. Creating barriers for offenders who are trying to succeed will not keep our children safe. > KCBD should continue their unethical investigative reporting and > address the following related issue: "The Witch Hunt > Continues........ KCBD Investigates". > > Mary Sue Molnar > Texas Voices > > From Alex Marbury: We urge all RSOL participants, especially those in Texas, to contact KCBD and protest this witchunt action which is the very opposite of what we think American media should stand for: Fairness. > > www.KCBD.com > 11listens@kcbd.com > TV News ll > 5600 Ave A > Lubbock, TX 79404 > 866 744 1414 > > ALSO: The SO-Clear media group has made a Google video with Tom > Madison to critique the trashy Lubbock TV 11 witchhunt against "sex > offenders," which placed their places of employment on tv: we > congratulate SoClear for the rapid response, and urge people to see > the video. Here's the revised url: (a url sent out previoulsy is not working) > > http://video.google.com/videoplay?docid=4751214905269986374&hl=en > > > 6. Jean Ponzanelli Sentenced to 3 Years; Faces Deportation > =========================================================== > AUSTIN, Texas (KXAN) -- A 20-year-old Williamson County man was > sentenced on Wednesday to three years in a state penitentiary for > attempted sexual assault of a child. > > Jean Karlo Ponzanelli confessed to State District Judge Burt Carnes > that he was guilty of the charge of "attempted sexual assault" on a > 13-year-old Round Rock girl when he was 17 years old. > > The defendant's supporters argued the girl lied about her age, > telling Ponzanelli she was actually 15 when they had consensual sex. Had she actually been 15, Ponzanelli could have fallen into a "Romeo and Juliet" exception to the law, making prosecution unlikely. Instead, the girl was actually 13 years old. > Originally, Ponzanelli was charged with "aggravated sexual assault on > a child," and a conviction on that charge could have resulted in a > sentence of 5 to 99 years. In a plea bargain agreement reached on > Wednesday, prosecutors accepted a guilty plea to the reduced > attempted assault charge, and Ponzanelli was placed on probation. > > Critics, however, said the requirements of that probation were > excessively harsh and he was "set up to fail." > > When Ponzanelli violated terms of his probation, he was arrested > again and the state asked the court to send him to prison. > Courthouse sources said prosecutors offered an eight-year sentence, > but during a docket call on Wednesday in Carnes 368th District Court, negotiations continued between court-appointed defense attorney Keith Lauerman and Assistant District Attorney Phil Grant. The talks resulted in an offer of three years in prison, which Ponzanelli accepted. > > Complicating matters, Ponzanelli accepted the original plea bargain, not knowing that he is not classified as an American citizen. > In a telephone interview, he told KXAN Austin News that his parents, > an Italian man and a Mexican woman, brought him to the U.S. when he > was a toddler. He said they never told him he was not an American, > and he grew up thinking he was. > > Because Ponzanelli is not an American citizen, he is subject to > deportation to Mexico when his prison term is over. Although he is > fluent in Spanish, Ponzanelli has never lived in Mexico and worries > about making a life for himself there. > > Friends and family of other defendants around the state in similar > situations said they will lobby state lawmakers to change the law > when they convene in Austin next January. > > Lauerman told Austin News he will "make myself available" to help > with the cause. > > Prominent Austin attorney Jim Sawyer, who represented Ponzanelli at > one point, has spoken out in favor of tweaking the law. > > Sawyer said, despite what he called "good intentions" behind the law, too many young people are getting unfairly caught up in its harsh requirements. > > http://www.kxan.com/global/story.asp?s=8761464&ClientType=Printable > > > 7. Help Colton Calhoun Get a New Trial > ====================================== > A particularly grievous case of an unfair trial seems to be that of a man, now 24, who was convicted at age 19 for sex with another > teenager, and who makes a strong case that he did not get a fair > trial. Check out his case, and if you agree, you may want to sign his petition. His name is Colton Calhoun, and his website (maintained by his supporters since he is in prison) is www.coltoncalhoun.com. Calhoun was a star athelete and excellent student, with no previous record, when he was charged, and he claims was poorly represented by his lawyer, and mislead by her. Let us know if you do support him after going to his website. > > > 8. New Book Helps Prisoners Seek Parole > ======================================= > A Powerful New Tool for Families and Prisoners Seeking Parole. > > NOTE: This is sent to RSOL by a Florida activist who has been in > touch with Larry during his ordeal while held at the terrible Florida commitment center for "sex offenders." Mr. Phillips has completed his book while in detention. RSOL does NOT endorse book sales officially, so you must do this at your own initiative, (and we cannot guarantee delivery, etc.) but we do think Mr. Phillips book will be helpful and that he deserves our support. > > REVIEW BY FLORIDA RSOL MEMBER (anonymous): A legal author, Larry > Phillips is offering his book, a Complete Guide To Winning Parole, > for under fifty dollars. It's packed with effective, cutting-edge > methods that terrifically enhance a prisoner's chances to win a > parole hearing. There's a chapter just on winning the support of the judge and prosecutor, and another on victim support. He teaches how to create a personal 'Dream Team' to approach the board with or > without an attorney. The author even includes a sample written parole presentation for use as a guide to creating your own. This book is for anyone intent on winning a parole case. > > The author is offering his book directly to families, friends and > attorneys for just $49.95 plus $5 dollars postage ($54.95 total). A > special reduced price of $29.95 plus 5 dollars postage ($34.95 total) is offered for copies mailed directly to prisoners at a correctional facility address. > > Payment may be made by money order, personal check or cash. Prisoners ordering directly may remit either an institutional check > or 100 new first-class postage stamps as payment. > > Please enclose with prisoner orders any required forms or special > mailing instructions (no staples, prior approval, etc). > > Mail orders to: > Larry Phillips > 6064 Casti Court > Sarasota, Florida 34231

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RSOL Digest #10, Jun. 2008

By RSOL Team <list@reformsexoffenderlaws.org> Posted on 06.30.2008 Link to this digest: [0010]

REFORMSEXOFFENDERLAWS.ORG JUNE 2008 EMAIL DIGEST June 30, 2008 Quote of the Month Introduction RSOL Editorial and Call for Action Court Bans Death Penalty for Child Rape Obama´s Draconian New Death Penalty Stance Oppose Ohio State Bill 111 Ongoing Ordeal for Texas Teen Tennessee State Group Has Great Website! PLEASE NOTE that ONLY the Introduction, the RSOL Editorial and other RSOL news, represent the views of RSOL - other articles posted for information purposes. -------------------------------------------------- QUOTE OF THE MONTH from Jan Fewell in Texas, Champion of Texas teenager, Jean Ponzanelli ¨I just want someone to tell me this is really not happening in this great country of ours.¨ ----------------------------------------------------- Introduction, Alex Marbury RSOL (reformsexoffenderlaws.org) is almost a year old. Look for a special email digest and a special cover page on our website in mid July to help us ¨celebrate¨ our limited sucesses and make suggestions for the second year´s goals! We will be revisiting some of our basic decisions and redefining our mission, though keeping within the bounds of our original purpose. A new ¨chapters page¨ will be up soon, but it will be called ¨State Groups.¨ Our administrative collective recently decided not to call RSOL-fostered state groups ¨chapters,¨ but simply state groups. We affirm that all such state groups are autonomous and merely linked to the national RSOL. We believe this decentralized approach helps secure both the state groups and the national website from irrational attacks by those ¨extremists¨ who seek to shoot down all efforts to bring reform to sex offenddr laws. There are currently about 15 state groups in existence - we congratulate their organizers. SEE BELOW for information on the Tennessee State Group´s new website! Look for a page soon with all the names and contact information! We have also decided to expand the administrative collective from the current 4 volunteers, in order both to broaden our input and to lighten the load for all. Look for a list of the new administrative collective members and their email addresses. But, at this crucial moment, RSOL wants ALL participants to consider the importance of the recent Supreme Court decision against capital punishment for child rape not involving death, and the outrageous responses of the two Presidential candidates. We thus give center stage to these events and our own editorial position. (As we go to press, an urgent appeal also comes from Ohio. See the final item below about HB 111. Finally, we provide an update on the sad case of a Texas teenager.) ---------------------------------------------------- REFORMSEXOFFENDERLAWS Editorial ¨Support the Supreme Court Decision and Urge Obama and McCain to Reconsider Their Views on Capital Punishment and Sex Cases¨ Put together by Alex Marbury and the RSOL webmaster. RSOL condemns the real rape of a child. It should be punished. But RSOL believes laws in Louisiana and other states that allowed the death penalty for child rape (when no death was involved) have been part and parcel of a genuine sex panic that has seen the wholesale abandonment of Constitutional rights for sex offenders, as well as pandering to fears of harming innocent children, while doing nothing in reality to protect them from real harm. RSOL salutes the Supreme Court for its call to America to return to human decency. We condemn Presidential candidates Obama and McCain for their ill-conceived opposition to the Supreme Court ruling. CALL FOR ACTION: We urge all RSOL participants to write to the campaigns of both candidates, urging them to reconsider their snap judgments about the Supreme Court decision, and to review and condemn the current hysterical approach to sex offenses in general. NOTE: Neither candidate makes it easy just to send an email. Contact by phone, Obama Campaign, 866-675-2008 and McCain Campaign, 703-418-2008. The recent Supreme Court ruling not to allow the death penalty in child rape cases, was 5-4, which tells you how narrow this victory was. If these laws had not been struck down, we would have seen similar laws all throughout the US, just as Jessica's law, and Megan's law have worked through the states. Both Obama and McCain have spoken up against the ruling. On the issue of the War on/for Terror, America has options. Obama came out in favor of the recent USC ruling against Guantanamo, while McCain was (incredibly!) for it. But on the issue of sex offenders, there is only one side, politically speaking. (See below, for the full article on the Supreme Court decision.) Also, see http://www.chicagotribune.com/news/opinion/letters/chi-080626atty_briefs,0,43257 59.story, which is a VERY GOOD ANALYSIS: Supreme court decision conveys political phoniness Quotes from that article: "Then you have the uncomfortable notion of what is child sexual abuse. We already seem to say that when two 13-year-olds have sex, the boy is the one guilty of rape. Shall we execute him? Or shall we execute the lecherous uncle who fondles his 11-year-old niece? What about the woman school teacher who has sex with her 12-year-old male student. Kill her? And then you come to other assault cases. How about the mother who beats her 6-year-old daughter so severely, the daughter is permanently disabled? No death penalty for beating, but the death penalty, only if there is sex involved? It's troubling that both Presidential candidates, men who will have their fingers on the nuclear button, have given their phony "outrage" performances without a moment's thought about the consequences. We should expect more thought from a president." See- Obama for death penalty: http://www.alternet.org/rights/89573/?ses=b9fc85ca8571585201229ea852d96ee2 Also, see: Obama , McCain say Supreme Court was wrong in bannnig death penalty http://www.triparishtimes.com/articles/2008/06/27/ap/nation/187_51_apn.txt --------------------------------------------- Court bans death penalty for child rape By MARK SHERMAN ^Ö for the Associated Press, June 2008 WASHINGTON (AP) ^× The Supreme Court declared Wednesday that executions are too severe a punishment for raping children, despite the "years of long anguish" for victims, in a ruling that restricts the death penalty to murder and crimes against the state. The court's 5-4 decision struck down a Louisiana law that allows capital punishment for people convicted of raping children under 12. It spares the only people in the U.S. under sentence of death for that crime ^× two Louisiana men convicted of raping girls 5 and 8. The ruling also invalidates laws on the books in five other states that allowed executions for child rape that does not result in the death of the victim. However devastating the crime to children, Justice Anthony Kennedy wrote in his majority opinion, "the death penalty is not a proportional punishment for the rape of a child." His four liberal colleagues joined him, while the four more conservative justices dissented. There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years, a factor that weighed in Kennedy's decision. Rape and other crimes "may be as devastating in their harm, as here, but 'in terms of moral depravity and of the injury to the person and to the public,' they cannot be compared to murder in their 'severity and irrevocability,'" Kennedy said, quoting from earlier decisions. The victim in the case decided Wednesday was an 8-year-old girl raped by her stepfather at their home in Harvey, La., outside New Orleans. Angry Louisianans who backed the law said the court was out of touch. "The opinion reads more like an out-of-control legislative debate than a constitutional analysis," said Louisiana Gov. Bobby Jindal, a Republican. "One thing is clear: The five members of the court who issued the opinion do not share the same 'standards of decency' as the people of Louisiana." The decision resonated in the presidential campaign, too, where both Republican John McCain and Democrat Barack Obama objected to it. Obama said there should be no blanket prohibition of the death penalty for the rape of children if states want to apply it in those cases. McCain called the ruling "an assault on law enforcement's efforts to punish these heinous felons for the most despicable crime." With the