First published in print: Saturday, March 27, 2010 SCHENECTADY -- The sex offender residency law in Schenectady County became the latest to be thrown out by the courts Friday.
State Supreme Court Justice Barry Kramer ruled that it was superseded by state law, said attorney Terence Kindlon of Kindlon Shanks and Associates in Albany. The state law deals with convicted sex offenders on parole or probation, while the Schenectady County law covered all convicted sex offenders. The county law forbade sex offenders from living within 2,000 feet of a place commonly used by children.
"These laws may become so onerous that they eventually drive sex offenders underground,'' Kindlon said regarding the county laws. "There's no more dangerous situation than that."
This was the fourth successful pro bono case brought by Kindlon's firm on behalf of a sex offender. Kindlon's associate, Kathy Manley, handled the Schenectady case.
County laws were also invalidated by the courts in Albany, Rensselaer and Washington counties.
Thank you Times Union for printing this!! I guess the cheerleading gazette didn't want to add insult to injury. They didn't want to expose the fact of how Suzie pushed for this legislation and had Kosiur run with it. Which by the way, he failed so miserably at, it cost him the election against GA. But not to worry...suzie rewarded his failure and got him a good (unnecessary) job, created just for him, at over $80K/year!!
The bottom line is....the 'people' knew it was unconstitutional in this state and voted and fought like hell to keep Kosiur and his nonsense out. And obviously the courts agreed!!
Good job folks!
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
This was enacted for one reason to push another DEM into an Assembly seat-when Paul Tonko left for the energy plum. More useless legislation which Sue Savage and her many rubber stamps are famous for.
Instead of dealing with the exploding County budget gap they waste time on ninny nanny legislation. It's way past time to focus on slashing the County payroll, reducing the County property tax rate, ending the failed Metrograft experiment in socialism and ditching the expensive new County Home.
but benny.....how do you expect them to deal with the exploding budget when it is 'they' that create these ninny nanny legislation that continues to inflate the budget. It's the liberal socialist dems that 'create' the sub culture so they can 'create' programs for them on our dime!
It would make too much sense to 'allow' the sub culture to fend for themselves. To feel what it is like to be your own person. To have a feeling of self worth when you get your paycheck. The feeling of accomplishment. Unfortunately, if it weren't for the 'created' sub culture....the liberal socialist dems wouldn't have a job or a purpose....hence, lower taxes!!!
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
As I had asserted at the time, the issue of how to manage those convicted of sexual offenses is one to be addressed at the state, not the local, level. Those in our state government must address the issue with consideration of the rights of the individual granted by our founding documents and our existing laws and the protection of the innocent in society. Contact your representatives (Amedore, Farley, Schumer, Tedisco, Tonko) and demand that they take up this issue.
It has always been my position that the law was unconstitutional and unenforceable. Kosiur's law was clearly political posturing and pandering, a candidate's (and his handlers) attempt at playing on the fears of voters. The plan to relocate the offenders to the rural communities that are less able to address the issues pitts community vs. community.
And, thankfully, there were those like Rene who did the right thing for their constituents.
Pressure should be brought to bear on those in state and federal government to bring about comprehensive, constitutional, and enforceable legislation that includes the elimination of plea bargaining in these sexual abuse cases, longer periods of incarceration for those found guilty, and denial of parole for those convicted of multiple offenses. The issue of what can be done after release of first time offenders to legally monitor their activities (including residency) of offenders must also be addressed.
Kosiur was foolish from the get-go. His proposal had no teeth. Benny is right about why it was created. And btw if you have ever seen Kathy Manley in action, you would know the end result before the case got going. Her sense of social justice is remarkable.
Let's face it the "sub culture" that BT writes of is part and parcel of the base of the liberal socialist dems. If they were to fend for themselves they would no longer be support for these dems. With the culture the dems created they have built quite a base. So it goes on and on.
Kosiur was foolish from the get-go. His proposal had no teeth. Benny is right about why it was created. And btw if you have ever seen Kathy Manley in action, you would know the end result before the case got going. Her sense of social justice is remarkable.
She must be proud of herself for taking the cause of social justice for child molesters to new heights. Whether you agree with the law or not, I would not be able to overcome my own disdain (disgust) for creatures of that low ilk.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
GB that is neither here nor there. I am sure she is disgusted by that type of crime. But, we are speaking about a law that was just crazy to begin with.
I agree with boomer. No one is protecting or defending the bottom feeders of life. We are 'screaming' for the state to pass laws that ensure protection from these low lives.
There needs to be not only stiffer penalties for this behavior, but laws that deal with these people case by case. Example: Should an 18 year old, first year college kid be labeled a sex offender FOR LIFE because he had concentual sex with his 15-16yr old girlfriend? Should a 16 year old boy be labeled a sex offender FOR LIFE because his 14 year old girlfriend texted him a naked picture of her and he passed it on? (these are actual cases)
NYS comes up short in the area of sex abuse laws. But clearly that is where is needs to originate from....not county by county.
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 mistake Kosiur and Savage made was the zone they used. This would have been very popular if they didn't throw everyone out of the city and into the towns. The towns don't want the City's mess.
Logged
This was enacted for one reason to push another DEM into an Assembly seat-when Paul Tonko left for the energy plum. More useless legislation which Sue Savage and her many rubber stamps are famous for.
