I don't get this. Cops are supposed to be held to higher standards - what kind of message does this send? he's got a good state pension (most likely) - lived in "well to do" areas - and has to have a public defender???
Something is REALLY wrong with this system.
It ain't the cops----it's the judges that want a raise.......dorks.......do your freakin' job and stop threatening the public.....you chose the profession just as I chose mine----suck it up or GET OUT!!!!!!!!!! > > > >
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Louisiana has a law on the books that states for a second offender for molestation a child the state has the right to castrate, either chemically or physically, said offender. Maybe NYS should consider a law like that to deter this assault on innocent children by these predators.
Actually, Louisiana is the state that just had the case in front of the Supreme Court for putting to death a convicted rapist. I believe they were told that they couldn't kill him.
Supreme Court Overturns Louisiana's Death Penalty for Non-Homicide Offenses On June 25, the U.S. Supreme Court struck down as unconstitutional a Louisiana statute that allowed the death penalty for the rape of a child where the victim did not die. In Kennedy v. Louisiana, the Court held that all such laws, where the crime against an individual involved no murder or intent to murder, were not in keeping with the national consensus restricting the death penalty to the worst offenses. As a result, the only two people sentenced to death for this crime in the modern capital punishment era no longer face execution. Both were sentenced under the Louisiana statute that was found unconstitutional. Today, no one is on death row for any offense not involving murder.
The Court noted that the defendant, Patrick Kennedy, had been sentenced to death under a law that was not embraced by 44 out of the 50 states. Justice Anthony Kennedy, writing for the 5-4 majority, stated, "Based both on consensus and our own independent judgment, our holding is that a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments."
The Court pointed to the danger in laws such as Louisiana's, which allowed the death penalty where no murder was committed: "When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint."
Victims' groups and child advocates had concluded that the death penalty for child rape could actually harm children, rather than protect them. Some of the reasons they cited included a possible decrease in reporting, re-victimization through the lenthy appeals or re-trials, and that equating rape to muder sends the wrong message to child victims. (Kennedy v. Lousiana, 07-343 U.S. (2008)). See Supreme Court and DPIC's Kennedy v. Lousiana page.
JUSTICE KENNEDY delivered the opinion of the Court. The National Government and, beyond it, the separate States are bound by the proscriptive mandates of the Eighth Amendment to the Constitution of the United States, and all persons within those respective jurisdictions may invoke its protection. See Amdts. 8 and 14, §1; Robinson v. California, 370 U. S. 660 (1962). Patrick Kennedy, the petitioner here, seeks to set aside his death sentence under the Eighth Amendment. He was charged by the respondent, the State of Louisiana, with the aggravated rape of his then-8-year-old stepdaughter. After a jury trial petitioner was convicted and sentenced to death under a state statute authorizing capital punishment for the rape of a child under 12 years of age. See La. Stat. Ann. §14:42 (West 1997 and Supp. 1998).
This case presents the question whether the Constitution bars respondent from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in death of the victim. We hold the Eighth Amendment prohibits the death penalty for this offense. The Louisiana statute is unconstitutional.
Our justice system 'sucks' at handling sex offenders (I hate that term). Here it is plain and simple....If ya rape and murder and the DNA proves it, to the death chamber you go. And if you do anything else less than that, that is deemed a sexual offense toward children, it's life in prison with 'Mr. bubba' if your are male or Ms.Bubba if you are female. Sorry folks, but I just can't be that liberal on this subject. They are truly the bottom feeders of our society!!
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
Sex offender statute upheld Albany County limit on residency affirmed; appeal expected
By JORDAN CARLEO-EVANGELIST, Staff writer First published: Tuesday, July 8, 2008
ALBANY -- A City Court judge on Monday upheld the constitutionality of a county law banning sex offenders from making their homes within 1,000 feet of schools and day-care centers. City Judge Rachel Kretser rejected claims the law violated four defendants' rights to due process and equal protection under the law and is overly vague and illegally increases punishment after the fact.
Kretser's decision appears to be the first time any court has ruled specifically on the Albany County law, passed July 2006. But it is expected not to be the last.
Kindlon & Shanks, the law firm representing the four men charged in City Court, is also representing several convicted sex offenders in separate-but-related civil lawsuits against Albany County in state Supreme Court.
The cases are still pending before acting state Supreme Court Justice Roger McDonough. Attorney Terence Kindlon said Monday he thinks the last word on the legality of the measures will come from an appeals court.
"My suspicion is that ... regardless of what Judge McDonough decides, the ultimate question is going to be answered by an appellate court, conceivably even the Court of Appeals," Kindlon said, referring to the state's highest court.
McDonough recently declined to grant a temporary restraining order halting authorities from enforcing the measure and is currently considering a preliminary injunction, Kindlon said.
The laws have been passed by counties throughout the state in an effort to keep sex offenders from living close to places where children gather. Schenectady, Saratoga and Rensselaer counties have approved similar measures.
But the local laws have come under fire from civil libertarians and others, in part because they believe they violate constitutional rights and in part because the laws vary from county to county, creating a confusing array of regulations that would change if a person moved less than a mile from, say, Waterford to Cohoes.
In a statement Monday, Albany County District Attorney David Soares, whose office prosecutes those who accused of violating the county residency law, said it's a matter for the state resolve.
"In the absence of a state law, counties have resorted to drafting legislation that pits county against county to see who can draft the toughest legislation," Soares said through spokeswoman Heather Orth, "and then at the end of the day, this is an issue that must be taken up by the New York state Legislature."
A call to the Office of the Albany County Attorney, which also is defending the county against the civil suits, was not immediately returned.
Kretser's decision was dated July 4 and filed Monday in City Court.
The portion dealing with the constitutionality of the law was actually four identical sections of four decisions relating to four separate defendants charged with misdemeanors under the county law. Kindlon's firm represents the defendants -- James Goldston, 62; Michael Simmons, 35; Clark Carter, 40; and Ethan Wray, 50.
Kindlon said he doesn't view Kretser's decision as a setback, just a step in legal ladder with many rungs.
"Lower court judges are not inclined to declare statutes or even local laws to be unconstitutional," he said. "We had fully expected -- from the day that we filed those motions -- there to be an adverse ruling."
Jordan Carleo-Evangelist can be reached at 454-5445 or by e-mail at jcarleo-evangelist@ timesunion.com.
"My suspicion is that ... regardless of what Judge McDonough decides, the ultimate question is going to be answered by an appellate court, conceivably even the Court of Appeals," Kindlon said, referring to the state's highest court.
where the anthem "Somebody done somebody wrong song" is played over and over........
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
JOHNSTOWN Retired police officer facing porn charges BY JIM MCGUIRE Gazette Reporter Reach Gazette reporter Jim McGuire at 725-8412 or jmcguire@dailygazette.net.
Retired Johnstown police offi cer Warren S. Maas, former DARE officer for the Johnstown Police Department, was indicted Thursday by a Fulton County grand jury on 23 counts of possessing child pornography. Fulton County District Attorney Louise K. Sira said two videos and 21 still images were found in Maas’ computer files. State police arrested the 55-yearold retiree in January following a seven-month investigation that started when a family member found the images on Maas’ computer in 2006 and alerted authorities. Maas, who retired about 11 years ago after a 20-year career with the Johnstown department, served as a Drug Abuse Resistance Education officer for at least three years, a department spokesman said. DARE officers work closely with students in schools to instill an anti-drug abuse mindset. Sira said the images were of children ranging in age from pre-elementary school to young teenagers. Sira declined Thursday to discuss the genders of the subjects, but at the time of Maas’ arrest, officials said they were girls. “It’s upsetting and disappointing to community members who knew him in a different light,” Sira said. Maas’ attorney, Gerard V. Heckler, declined comment on the indictment. After retirement, Maas ran a restaurant that specialized in hot dogs. Most recently, Maas has been an employee in the security department at Nathan Littauer Hospital, where after the arrest he was suspended without pay. Sira said it must be recognized that this alleged crime took place “well after he retired.” Still, she said, “it’s a sad commentary on someone who at one time swore to protect and serve.” Sira said in January the arrest was delayed while the state police computer lab examined two computers seized from Maas. If convicted, Sira has said, he could serve a maximum sentence of 1 1 /3 to four years. In a second case involving sex charges, former Gloversville School District tutor William D. Cross was indicted on counts of second-degree criminal sexual act and endangering the welfare of a child for allegedly having sexual contact with a 13-year-old boy in March. The 54-year-old Cross, a resident of West Street in Gloversville, ran unsuccessfully for the city school board in 1992. Police said the victim was not a student of Cross’ and the incident did not take place in a school setting. School officials initially confirmed Cross was one of numerous per diem tutors hired by the district to assist students unable to attend classes, either because of suspensions or illness.
SARATOGA SPRINGS Man charged with rape after raid on apartments BY TATIANA ZARNOWSKI Gazette Reporter Reach Gazette reporter Tatiana Zarnowski at 587-1780 or tzarnowski@dailygazette.net.
A city man was charged with rape in a raid on two Walworth Street apartments that city police conducted with immigration officials Thursday morning. Police said Raul Martinez-Aguilar, 21, of 101 Walworth St., paid for sex with a 14-year-old girl. He was charged with patronizing a prostitute and rape, both felonies. Three other men were arrested in May for allegedly prostituting the same teen. Lt. Gregory Veitch of the city police department said he was not sure whether Martinez-Aguilar was here legally, but U.S. Immigrations and Customs Enforcement officers suspected illegal immigrants were living in two apartments at 101 and 96 Walworth St., so they accompanied city police to those homes at 7 a.m. Thursday. During the joint investigation, city police said they discovered two men with fake cards declaring they were U.S. residents. Gelacio C. Reyes, 22, of 96 Walworth St. and Angel B. Merino, 20, of 101 Walworth St. were charged with second-degree criminal possession of a forged instrument, a felony. They are in the Saratoga County Jail in lieu of $2,500 cash bail or $5,000 bond. In addition to the three men city police arrested, ICE agents took seven more men into custody who were allegedly illegal immigrants. Veitch said the arrested men were not employees at Saratoga Race Course. He declined to say what they were doing in Saratoga Springs. The two homes are tied to another police investigation on which Veitch declined comment. Only Martinez-Aguilar was believed to have had contact with the teen, whom police said he raped at his home at 9 p.m. May 11. He was sent to Saratoga County Jail in lieu of $10,000 cash bail or $20,000 bond. The seven alleged illegal immigrants were taken to Albany and held on $5,000 bond each pending immigration hearings. They are: Lino Guzman-Lopez, 19; Arnulfo Martinez-Reyes, 16; Guillermo Reyes-Reyes, 24; Crispin Martinez-Martinez, 26; Martimiamo Vasquez-Lopez, 20; Jorge Reyes-Merino, 18; and Marcclino Martinez-Aguilar, 18.
Albany County may not have been itching to crow about its victory this week when an Albany City Court judge upheld the constitutionality of a county law banning some sex offenders from living near schools and day care centers, but County Legislator Gary Domalewicz was.
Domalewicz, an Albany Democrat who was one of the law's authors, said he was thrilled but not surprised to see City Court Judge Rachel Kretser reject several legal challenges to the 2-year-old measure, which is also being challenged in state Supreme Court.
He said one of the reasons it took a year to get the law passed after it was introduced in 2005 was that it was created to mirror other laws that had already survived court challenges.
Part of the compromise, Domalewicz said, was a reduction by 1,000 feet of the buffer zone where sex offenders would be banned from living.
Keeping that buffer at 2,000 feet, he said, would have made it virtually impossible for offenders to live anywhere in Albany, rendering the law vulnerable in court.
Schenectady County passed a law with a 2,000-foot buffer, a move that inflamed suburban and rural leaders who believed the law was pushing predators into their towns. The measure loomed large in the special election last summer to fill the seat in the 105th Assembly District vacated by Democrat Paul Tonko. Then-Democratic County Legislator Ed Kosiur backed the Schenectady law and was punished for it at the polls in the Assembly race, which he lost to Republican George Amedore.
All this was not lost on Domalewicz, who observed this week: "If Schenectady had copied mine, Amedore wouldn't be an Assemblyman right now."
Schenectady County passed a law with a 2,000-foot buffer, a move that inflamed suburban and rural leaders who believed the law was pushing predators into their towns. The measure loomed large in the special election last summer to fill the seat in the 105th Assembly District vacated by Democrat Paul Tonko. Then-Democratic County Legislator Ed Kosiur backed the Schenectady law and was punished for it at the polls in the Assembly race, which he lost to Republican George Amedore.
All this was not lost on Domalewicz, who observed this week: "If Schenectady had copied mine, Amedore wouldn't be an Assemblyman right now."
First, Ed Kosiur will always be remembered for this ridiculous sex offender law and how he lost to Amedore. That, and how he had no place else to go, so they created an $80K position for him since he is actually not qualified to do ANYTHING. Second, this statement should make Mr.Amedore work even a bit harder to retain this seat during the next election. The general consensus is that Mr. Amedore only won due to Kosiur's blunder, not on qualifications. So now that George is in the seat...he needs to work very very hard to retain 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
New Jersey court rejects sex offender residency restrictions Jeffrey Gold - Associated Press Writer - 7/15/2008 3:30:00 PM
NEWARK, N.J. - New Jersey towns cannot ban sex offenders from living near schools, parks, or other places where children gather, a state appeals court ruled on Tuesday.
The three-judge panel found that New Jersey's Megan's Law was "pervasive and comprehensive" and should be the only law governing how sex offenders are treated. The ruling upheld findings by judges who invalidated ordinances in Cherry Hill and Galloway townships.
Supporters of those ordinances hoped the towns would appeal. Richard D. Pompelio, a lawyer for the New Jersey Crime Victims' Law Center, filed a brief endorsing the town's laws.
He questioned how Megan's Law, which requires sex offenders to register with the state, was pre-empted because it does not impose residency restrictions.
The towns banned adults convicted of sex offenses against a child from living within 2,500 feet of any school, park, playground, church or other place "where children might congregate."
Similar laws are in place in many states and dozens of New Jersey towns; those in New Jersey will be at risk if the latest ruling stands.
Appellate Judge Joseph F. Lisa, writing for the court, said the Cherry Hill and Galloway ordinances "interfere with and frustrate the purposes and operation of the statewide scheme."
Cherry Hill Mayor Bernie Platt was considering whether to appeal the ruling and maintained that the ordinance "is valuable to our community," spokesman Dan Keashen said.
A message seeking comment from Galloway officials was not immediately returned.
The ruling was applauded by the state chapter of the American Civil Liberties Union, which had a volunteer attorney represent one of the offenders.
"Megan's Law is already accepted as constitutional and as the state's comprehensive approach to sex offenders. The residency requirements do not contribute to rehabilitation and may in fact undermine it," said Deborah Jacobs, executive director of the state chapter.
State Public Defender Yvonne Smith Segars filed a brief urging the appeals court to strike down the laws.
"You can't impose unrealistic burdens on people and expect them to reintegrate. They paid their debt to society and are under supervision," Segars said.
The Cherry Hill law was challenged by two sex offenders convicted of violating the law after being placed in a motel by welfare officers with the approval of their probation and parole officers. The two men were considered at moderate risk of committing another sex offense.
A 20-year-old college freshman at Richard Stockton College, in Galloway Township, challenged the law there after moving into a dormitory on campus. The student was considered a low-risk sex offender for an offense he committed when he was 15 against a 13-year-old girl.
Calls to attorneys for the men were not immediately returned.
The three men were among about 11,000 sex offenders registered in New Jersey, the first state to enact a Megan's Law. It was passed after a 7-year-old Hamilton Township girl, Megan Kanka, was killed in 1994 by a sex offender who lived in her neighborhood. Similar laws in other states and eventually the nation followed.
In New Jersey, neighbors of high-risk offenders are notified by police.
I laughed when I read that post. My 83 year old mom thinks Pres. George Bush looks like a pompous a** when he walks. And she does not mean a donkey either !!!
Do you actually check every post manually or do you have a special alert system for curse words??? I envision flashing lights and sirens coming from your computer.
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