SCHENECTADY Sex offender charged with leaving state, gun application lie BY STEVEN COOK Gazette Reporter
A city sex offender, Travis Hester, faces up to 10 years in federal prison, accused of leaving the state without telling New York authorities, federal authorities said. The new federal sex offender charge is in addition to a federal count filed in June, alleging he tried to purchase a gun by lying on his application form. Hester was charged with the gun count in June, but he could not be found. He was finally located last month, arrested by authorities in Hollywood, Fla., according to papers filed in court. The additional sex offender registration count was filed this week, accusing him of traveling out of state without informing the New York sex offender registry of his whereabouts. Hester, 23, formerly of Lower Broadway, was first wanted, accused of lying on a federal background check form. Hester allegedly wrote on the form May 30, 2006, that he was never convicted of a felony, but he had been convicted of felony burglary seven years earlier in Missouri. That conviction barred him from purchasing a firearm. But he allegedly tried to purchase one anyway at the Glenville Wal-Mart. Federal investigators looking into the application questioned Hester earlier but did not arrest him then, authorities said. In that interview, Hester allegedly admitted to trying to purchase the gun even though knew he could not purchase a gun. Hester also claimed, ATF Special Agent Mark Meeks wrote in papers filed in federal court, “that he really didn’t want to purchase a firearm, that he only wanted to test the system, as he had heard that Wal-Mart did not conduct a thorough background check.” Papers suggest that Hester’s “test” was ill-conceived and that he was denied the gun. Hester was charged last year with several misdemeanors locally, including third-degree sexual abuse and forcible touching. He pleaded guilty to both sex charges in October. The convictions sent Hester to jail for 60 days and placed him on probation for 6 years. He is listed as a Level 2 offender on the state registry. His address, however, remains listed on the registry as unknown.
Sex offender residency rules eased Schenectady County pulls back curbs on living near parks, schools
By JIMMY VIELKIND, Staff writer First published: Friday, August 24, 2007
SCHENECTADY -- The Schenectady County Legislature voted Thursday night to roll back some provisions of controversial laws restricting where sex offenders can live. Lawmakers also created a panel to study the issue more. Both votes were nearly unanimous.
In June, legislators passed restrictions requiring convicted sex offenders to leave their homes starting Oct. 1 if they lived within 2,000 feet of public parks, pools and playgrounds, schools or day care and youth facilities. A second measure bans offenders from moving within 2,000 feet of such areas.
By scaling back the new law and removing the retroactive clause, sex offenders who now live in so-called restricted areas may remain in their homes. They would have been forced to move by Oct. 1. The initial law would have applied to all three levels of convicted sex offenders. Now, it excludes Level One offenders -- the lowest level -- from the statute. "It's time for this legislature to step back a bit," Chairwoman Susan E. Savage, D--Niskayuna, said. The reality, she said, is that "Schenectady has become the place of choice in the Capital District for sex offenders to reside."
While she acknowledged the need to continue thinking about the issue, Savage was happy some restrictions remain on the books.
The legislature conducted its business over an hour after its scheduled start time after the Democratic majority called a caucus to discuss amendments proposed by Republican members. According to Legislator Joe Suhrada, R-Rotterdam, the amendments were composed by the small caucus during a two-hour session at the Grog Shop on Erie Boulevard following a public hearing on the law.
The Republicans proposed the creation of what Legislator Bob Farley called a "cavalcade of interesting people" including members of the law enforcement community, some legislators, members of the public and all of the mayors and town supervisors in the county.
The Schenectady County Council to Prevent Sex Offenses would study 15 recommendations, including:
Increased electronic monitoring of more serious predators.
A review board that could waive restrictions for "registered sex offenders who have good standing in the community and have been residents of Schenectady County without incident for not less than 10 years."
Allowing towns to enact tougher rules.
Requiring landlords to notify all tenants in an apartment building if a sex offender moves in.
The legislation also calls on the state legislature to address the issue. Thirteen counties statewide have residency restrictions for sex offenders, including Albany, Rensselaer and Saratoga.
"If we continue to work with the community we will be able to protect our children," Farley said. He compared the legislature's action on the issue to the drafting of the U.S. Constitution.
The bi-partisan resolution creating the panel and excluding Level One offenders passed by a vote of 13-1 vote, with Legislator Michael Eidens dissenting. The repeal of the retroactive clause passed 12-2, with Farley and Savage voting against. Legislator Carolina Lazzari was absent. The law came under attack from residents of more suburban and rural parts of the county, who argued that the restrictions would push offenders into their communities. Duanesburg Supervisor Rene Merrihew spoke against the measures, and was present. "There were a lot of good things, but it's still just a residential restriction law and I'm not in favor of that," she said. But she was pleased, especially after Savage laid down a challenge when she said it was easier to legislate than criticize, to be involved in the process.
"I look forward to being on the committee and seeing what part I can play," she said.
In addition to the suburban criticisms, lawyers from the New York Civil Liberties Union threatened a lawsuit on grounds that Schenectady's residency restrictions pre-empt state laws and statistically don't work.
How the rollback will affect the pending legal challenge remains to be seen.
Jimmy Vielkind can be reached at 454-5043 or by e-mail at jvielkind@timesunion.com.
Well their vote just goes to show you what the County Council thinks about what the majority wants. Their pride wouldn't let them admit that they made a mistake with the sex offender law.
Duanesburg Supervisor Rene Merrihew, the only supervisor to attend the voting session, said Savage was “absolutely right.” “I don’t know what the answer is. I don’t know if I’ll be able to solve it,” she said. “I’ll sit on the committee and hopefully we’ll come up with something. Setting up the committee is all anybody asked for in the beginning.”
First and foremost...where the heck were the rest of our supervisors? I was led to believe that they were all in support of one another. Other than Ms. Merrihew, it will be interesting to see what other supervisors will volunteer to be on that committee.
And I was pleasantly surprised to see that the majority accepted the minorities proposals. Now that is a step in the right direction.
With all of this said...the change in the proposed law, just put off the inevitable. The same problem is facing the surrounding communities. The county legistlatures just side stepped the potential law suit by the ACLU. And who knows...the ACLU may find part of this proposed law STILL unconstitutional. Time will tell.
I certainly hope that the gazette keeps this important issue in the forefront.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
The conduct of the Democrat majority of the County Legislature is testament to the need for an overhaul of our county government. A public hearing on the sex offender legislation was scheduled for Wednesday, August 22nd with a vote by the Legislators scheduled for the 23rd. The scheduling of these events was set by Democrat Chairperson Savage, knowing that Carolina Lazzari would be away on a previously planned vacation, one that was scheduled so as not to interfere with her duties as Legislator. Schenectady County Democratic Party Chair Brian Quail was observed taking pictures of Mrs. Lazzari's vacant seat at the table, photos that will no doubt be used in Democratic campaign literature to suggest that Mrs. Lazzari doesn't fufill her duties as Legislator. Mrs. Lazzari has been more visible at town board meetings and other public venues than the others who purport to represent those who elected them.
It is also evident that the Democratic controlled Legislature has no regard for the views of the residents of the county. If the Legislators had genuine interest in the views of their constituents, they would not have scheduled their vote to occur the next day, but would have taken sufficient time to consider the concerns of the public. The proposals that were presented at last night's meeting were unchanged by the majority party from those that were published in preparation for the public hearing. Was there nothing that was stated by the Town Supervisors, representatives from the NYCLU, mental health and social work experts, or the voting public that was worthy of consideration in the review of the legislation?
Legislators Farley and Suhrada presented proposed amendments to the legislation. The amendments were developed by a few of the Legislators who did not participate in the nearly 2 hour Democratic caucus that followed the Public Hearing. This small group of independent thinkers considered the views of the public that were expressed during the hearing. They devised amendments that included the formation of a task panel of subject matter experts and the leaders of local municipalities to perform the due diligence that was not done prior to the initial rushed passage of "Kosiur's Laws". Upon the presentation of the amendments by Farley and Suhrada, Chairperson Savage suspended the meeting and called a closed door Democratic caucus that lasted for approx. 1.5 hours.
After the meeting was reconvened, the revised legislation, including the amendment proposing the formation of the task force was approved. In her lengthy explanation of her vote, Ms. Savage chastized many of those who expressed disapproval of the legislation as initially proposed, saying that it is easier to critize than to legislate. She suggested that demands for the state to address the issue of sex offenders was irresponsible and amounted to passing the problem to others to solve. She challenged the Town Supervisors to get involved. She and Legislator Vincent DiCerbo berated Christine Benedict, the Minority Leader of the Albany County Legislature (who was not in attendance) for the comments that she made at the public hearing, suggesting that Ms. Benedict's vow to protect her constituents from convicted sex offenders who may reoffend was hypocritical and her position regarding Schenectady County's legislation suggests that she (Benedict) wants to relocate those in her district to Schenectady County.
The meeting last night was another exhibit of the effects of unfettered control and arrogance by the majority party. We, the residents of the county who pay the salaries of these elected "representatives" deserve better. We have the power of our votes to affect change. And, as for Ms. Savage's assertion that it is easier to criticize than to legislation, I suggest that NO legislation is better than BAD legislation.
I agree with you Zim, the County Council has shown by it's arrogance that they don't care what we think. I anyone disagrees with them they attack them, belittle them, and try to make themselves look superior to everyone else. Carolina has been trying to get things done for her constituents but is running into a brick wall of opposition from the controlling majority. I have listened to Ms Savage and her explanations also and in my opinion every time she opens her mouth her ignorance falls out.
Ms. Susan Savage, I think, is beyond the point where she and maybe even the other democrats, can work with any other people. I have seen many partisan politicians in my day, but never ones quite this bad.Somethimes I watch the county meeting on tv and it looks like a battle field. I don't see where anything positive for the people will come out of this present county legislature until new ones are elected. In my opinion they are just trying to save Mr. Ed Kosiur's political career and maybe even Ms. Savage's with this sex offender law that may sound good, but will do nothing more to protect children. It will just take work away from their law enforcement.
The law can be dressed up, but it is still a residency law. Repealing the law requiring them to move out by October 1st simply takes the sense of urgency off. Any future sex offenders will be sent to points unknown. I stand comitted to eliminating the residency law entirely.
Susan Savage gave a rather arrogant and ungracious explanation of her vote for the 2d resolution. She stressed that we have to act to keep Schenectady from being a dumping ground, since 13 other counties have residency restrictions. Savage (like DiCerbo) said Albany legislator Christine Benedict swayed anyone on the fence when she hypocritically said they did not want Schenectady to send offenders back to Albany, which has a 1000-foot restriction. Savage said Schenectady’s law is in the middle and not as draconian as some counties (which, e.g., bar living and working within 1000 feet). She said the NYCLU should do some research and pick better counties to sue. She told Town Supervisors, “the ball is in your court” and go ahead and start your own sex offender programs if you want to. She said she appointed a committee two years ago, headed by Eidens, and it never reported back to her. She also stressed that we can’t wait for the State to act to solve our problems — that “kids and families have to depend on us.”
I copied this off that attachment a few posts up. Susan Savage is truly one arrogant bit**! She truly is ineffective in governing the people. Susan Savage has also lost the ability to work within the government guidelines. Susan Savage has also lost the ability to know what and who the NYCLU can sue and for what reason. Susan Savage has also lost the ability to work with other government officials in a respectable, responsible way that benefits the people. Susan Savage needs to be stopped from mis-representing her constituants and spending our taxpayer dollars recklessly!!!!
There is no sense to even try to reason with this woman. She is clearly over the edge. Does not have both oars in the water. She's a half a bubble off! Susan Savage coupled with Ed Kosiur has turned this entire sex offender law into a fiasco. They have truly become the laughing stock of the county with no respect for either one!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Where was Susan Savage when the Ecstasy Garcia was being tortured and abused for 4 years where was that child's protection. If Susan is so concerned you'd think that she would talk to and check on Schdy County Social Services and any reports of child abuse in the county. This stuff about protecting the children is just a smoke screen to keep from admitting that the County council screwed up and their pride and arrogance won't let them rescind Kosiur's Law. Susan Savage is clearly dumping the city of Schenectady's problems with sex offenders on the surrounding counties there by putting their children in danger of abuse by one of these sick bast**ds.
The city of Schenectady is falling apart. Crime is out of control. Taxes are out of control. And yes, perhaps the sex offenders are plentiful there. The sex offenders 'choose' to move to the city. And why do you think that could be? Perhaps the lack of honest law enforcement? Perhaps the number of section 8 housing? Or perhaps the easy accessability to welfare? Obviously no one is watching the hen house. Their leadership has become uneffective to govern. I sympathize with the residents who are held hostage by a dictatorship as we in the counties are.
But plain and simple...we don't want the city to spill over into our counties! We also do not want to be governed as the city is. GOT IT!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
EDITORIALS How now on Schenectady County sex offender law?
The Schenectady County Legislature got a couple things right Thursday — voting to rescind the most egregious parts of its ill-conceived sex offender law and, at the suggestion of the Republican minority, creating a so-called council of experts to weigh a laundry list of specific amendments to the law, plus any others the minority might not have thought of at its two-hour skull session held in a bar the night before. Is this any way to pass legislation that could substantially affect constituents’ lives? Of course not. A “council of experts” should have been the Legislature’s first step in this process: Ask the people (in law enforcement, social services, courts, politics, public service, etc.) if a law stronger than the state’s is really needed to deal with sex offenders after their release from prison, and how to craft it so it achieves the desired effect. Instead, the Legislature went off halfcocked, creating the strictest sex offender law in the state, but one that was virtually unenforceable. And if it was enforceable, it would have probably had the reverse effect, of driving sex offenders underground instead of consigning them to the remote areas of the county. Legislative leaders finally realized how flawed their law was — after officials in the outlying towns denounced it, after voters soundly rejected the candidate who sponsored it, and the state Civil Liberties Union threatened to take the county to court over it. The smartest thing would have been to start over: Create a committee, give it a reasonable length of time to look into the issue, make some recommendations that could then be discussed in the community before a law was finalized and a vote taken. Instead, the Legislature decided to keep half the law in effect, rescinding the part that would have forced sex offenders already living in the community to move to unrestricted areas and waiving restrictions for Level 1 offenders, those considered least likely to reoffend. Meanwhile, the committee it did create seems excessively large — consisting of all mayors, town supervisors and police chiefs in the county; the district attorney, county sheriff and county attorney; both family court judges; representatives of the county departments of Probation, Social Services, Community Services and Mental Health, as well as the state divisions of Parole and Division of Criminal Justice Services; three citizens; and three county legislators. How will this many people ever find the time to meet, discuss and form some decent recommendations within the next three months? Was this just an exercise in futility concocted by the legislative majority as window dressing, to get Republicans, town supervisors and other critics off its back? Minority Leader Robert Farley was certainly stunned when the Democrats adopted his party’s plan.
That is the key word here...SMART! And because they clearly are not very smart or intelligent, they have also lost the ability to govern the people. They have become, at best, arrogant, dysfunctional with a lack of effectiveness. Collectively,they are by far the worst bunch of legislatures I've seen hit our area in decades!!! And this encompasses the city council as well!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Posts 562 Reputation 50.00% Benny if you read my quote in the Gazette I believe it was last Friday or the Friday before I also admitted that I had made a mistake. I told that to Carl Strock also. Whether he prints it or not I don't know.
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