You are just so clever BK!!!

Any news on the sex offender home front? Have there been any meetings? I'm assuming that this issue is just that....still an issue! If we remain quiet regarding this matter, the democratic dictatorship will think it just went away and everyone will forget about it. We can't let the up coming elections, as important as they are, over shadow this all important issue.

Yesterday, a lawsuit was filed yesterday by Terry Kindlon and Kathy Manley, of Kindlon Shanks & Associates, challenging the residency restrictions imposed by Albany County.  Manley tells me Terry will be in court on Tuesday seeking a Temporary Restraining Order and Preliminary Injunction to stop enforcement of the law against a Level 3 SO who has been ordered to leave his home by next week.  I hope to be able to cover this in some detail today at my weblog (I'll come back with the URL when I do).  Here is what Kathy wrote in an email on Wednesday about the case:

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Terry and I are going to sue Albany County because a man who had contacted me is being forced from his home and they're only giving him until next week. He is a Level 3 but has only ever been convicted of one sex offense (against a 14 year old girl) and his crime was 22 years ago. He has a lot of health problems and needs a phone line (so he can call in his blood pressure reading everyday) and a refrigerator (to keep his insulin - he has to give himself injections 3 times a day.) He was living in Albany for 4 1/2 years with no problems when his building was sold and everyone was evicted last May. He's on parole for 3 more years from his 1985 conviction and his old parole officer found him an apartment, where he's been since May. But last month the police told him he had to leave by next week. . . .  This man has given the police over 30 different addresses to check and they have told him that every one of them is in the excluded zone.

They told him to try a couple areas of the city where there is no housing available to him. So he has been trying to do everything right, but has run out of options. If they put him in a motel he probably won't have the fridge and telephone he needs for his medical conditions. We tried to work it out with the DA's Office but I was told today that no exceptions would be made.

If a court blocks enforcement against this Level 3 Offender under Albany County's 1000-foot exclusion zone, it may make it difficult to enforce Schenectady County's law.

Also, the Supreme Judicial Court of Maine handed down a decision this week relating to Sex Offender Registries that could have a major impact on sex offender laws, with its focus on their potentially significant punitive effects. See John Doe v. District Attorney (2007 ME 139, decided Sept. 25, 2007, 39-pp, pdf.).   This post at my weblog (scroll down about half way), [url]http://blogs.law.harvard.edu/ethicalesq/2007/09/27/how-we-treat-those-people/ [/url], describes the case, with links to the decision and newspaper accounts.

Quoted from bumblethru

Any news on the sex offender home front? Have there been any meetings? I'm assuming that this issue is just that....still an issue! If we remain quiet regarding this matter, the democratic dictatorship will think it just went away and everyone will forget about it. We can't let the up coming elections, as important as they are, over shadow this all important issue.

Yesterday I received a letter from the County Legislature appointing me to the committee that was created as a result of 11th hour amendments.  There is no date established for the first meeting.  They said that info would arrive shortly.

Here's the link to my posting on John Doe v. Albany County
"NY lawsuit challenges Albany County sex offender restrictions" (f/k/a, Sept. 28, 2007)

http://blogs.law.harvard.edu/e.....fender-restrictions/

David, This is indeed good news and appreciate the post.  I will check your weblog later.

One more piece of good news: The Kindlon law firm will be filing suit against the Washington County sex offender laws any day now.  Washington County probably has the worst law in the state.  As the Times Union recently summarized:

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Washington County: All levels cannot reside or work within 1,000 feet of schools, child-care facilities, parks, playgrounds, youth centers, public swimming areas, libraries, the state Office of Mental Retardation and Developmental Disabilities and the Warren-Washington County ARC. Offenders must remain at least 150 feet from school bus stops.

Rene, wasn't there a deadline for this revision? I don't have time right now to go back through the posts, I can check that later tonight. But how long are they going to wait? It appears that they may be dragging their feet here, so there purposely is little time for constructive discussion.

Like I posted previously, I feel this is a 'set up'. First by not giving the town's representative ample time for a revision. Second, this law CAN not be fixed. The only solution is to rescind the law. And if I were the 'townsmen/women...that would be the final suggestion.

Also, perhaps you can print the information that Dave posted here and on his weblog for reference when you 'eventually' attend one of these committee meetings.

Quoted from bumblethru

Rene, wasn't there a deadline for this revision? I don't have time right now to go back through the posts, I can check that later tonight. But how long are they going to wait? It appears that they may be dragging their feet here, so there purposely is little time for constructive discussion.

Like I posted previously, I feel this is a 'set up'. First by not giving the town's representative ample time for a revision. Second, this law CAN not be fixed. The only solution is to rescind the law. And if I were the 'townsmen/women...that would be the final suggestion.

Also, perhaps you can print the information that Dave posted here and on his weblog for reference when you 'eventually' attend one of these committee meetings.

First, I didn't mean to imply that a lawsuit is EVER good news, especially not when the legal costs are being paid by the taxpayers.  Yes, Bumble there was a deadline.   The amendments were approved August 24.  The committee was to be established within 10 days and a report filed with the County Leg as to the results of the meetings within 90 days.  
I agree with you that THE LAW CAN NOT BE FIXED.  I stand by my original opinion to have the law rescinded entirely.  That will not be my final solution, but the first one I bring to the table at the first meeting, assuming it occurs. It is possible there are others on the committee that agree with that position and why have meeting after meeting wasting the resources of this county if that will be the final result anyway?
I do not intend any disrespect to the members of the committee, but I don't feel they (we) will be productive. The committee is huge, upward of 40 people, this in itself is going to be a nightmare. I think the members, as I remember, are from agencies that will be able to provide an enormous amount of much needed statistics. I think with the exception of a couple of the agencies like probation etc., there will not be much help with the management of sex offenders.  I am also very cynical about the "make up" of the committee, again, I mean no disrespect, and hopefully I am wrong, but I am concerned that some people may be worried about keeping their jobs.  (Yes, they have turned even me into a distrustful cynic)  I also wonder if it took so long to put into place because they needed to place certain people on the committee.  Finally, the amendments were added by politicians, not people well versed in sex offender management.  I did not and do not agree with them. This was part of the original problem.  
I'm sure I won't be the only one carrying Davids information to the meeting.

Well Rene it would appear that the County Legislature is stacking the deck with people whom they can control so it would appear that the results are already in.

Time will tell.

The way I see it, the law is on the side of the offender IN THIS CASE! And no matter how arrogant or controlling the county legislature majority may be, the law is still the law. And from the information that Dave is sharing, it appears that the law will show to be victorious. I believe that in the best interest of all involved, this law should be rescinded entirely. Start from square one, WITH legal advice, case studies and input from the experts in this field. And above all, leave the politics (politicians) out of it.

This law originated from the desire to further certain political careers. And through the grace of God, the people saw right through that. Shame on these politicians who use the backs of our children, through unrealistic fear tactics for personal political gain.

It is obvious that when a city with the surrounding communities can not come to common ground regarding sex offenders, than you know there is a problem. A POWER problem. So with all of this said, let the cards fall where they may and let the law stand in the sidelines in case it is needed.

http://www.dailygazette.com

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Suit challenges sex offender law Lawyer, NYCLU hoping to set precedent
BY MICHAEL LAMENDOLA Gazette Reporter

  A convicted child rapist now living in Albany after years in prison is challenging a county residency restriction that he says makes it impossible for him to find a place to live.
   The lawsuit filed Friday in state Supreme Court in Albany County could have a wide-ranging effect on Albany’s and other sex offender residency registration laws, including Schenectady County’s, officials said.
   Terence L. Kindlon filed suit Friday in behalf of the sex offender, and the New York Civil Liberties Union expects to file a friend of the court brief in support of the suit.
   Kindlon said the suit’s intent is to “unroll some local and county laws that should never have been passed in the first place.”
   Melanie Trimble, executive director of the Capital Region Chapter of the New York Civil Liberties Union, said the lawsuit would “set a local precedent, even though the court is deciding for Albany County.”
   “We need to protect those individuals who face serious adversity with these residency restrictions,” Trimble said.
   The Schenectady County Legislature in August approved a law patterned on Albany’s, which was enacted in 2006.
   Schenectady County Attorney Chris Gardner said he has not seen Kindlon’s lawsuit, “but we monitor all lawsuits dealing with sex offenders closely. It will be interesting to see how it plays out.”
   Albany County officials did not return a phone call for comment.
   Schenectady County officials cited such laws passed by neighboring counties in approving theirs. County officials said they did not want Schenectady to become a dumping ground for sex offenders, and so they needed equivalent restrictions.
   Legislation passed in Schenectady and Albany counties prohibit Level 2 and Level 3 sex offenders from residing within 1,000 feet of a facility catering to children. Both laws grandfather sex offenders already residing within the zones but prevent them from moving into the zones. Neither allows exceptions for special cases.
NO LEGAL OPTIONS
   Kindlon is representing a Level 3 sex offender who filed anonymously as “John Doe.” Doe is diabetic and has hypertension, requiring medication. He said he was unable to find an apartment within the city with a telephone or a refrigerator, “both of which are absolutely necessary due to Mr. Doe’s health conditions,” court papers said.
   Doe was convicted of raping a 14-year-old girl in 1985 and was sentenced to 12 1 /2 to 25 years in prison. He was released on parole in 2002 and moved into an Albany city apartment. He was evicted after his building was sold. He found another apartment but was told to leave because it was in an excluded zone for sex offenders, court papers said.
   Doe looked at 30 apartments in the city, all of them falling into an exclusion zone. He sought a special accommodation for his medical conditions and more time to find a place to live. He was told he would get neither.
   “It appears that, given John Doe’s financial and legal situation, the entire city of Albany is off limits to him,” court papers said.
   Doe’s situation left “no choice but to file a lawsuit,” Kindlon said. He said Doe made “a sincere effort to do the right thing, and there was nothing right he could do. It was impossible in every direction. This points out the ultimate irrationality about the law.”
   Kindlon said Doe had two choices: “He could kill himself [because of his medical conditions] or go underground and disappear completely.”
   Kindlon said the Albany County Legislature created an “irrational situation and was not equipped or authorized to create a law like this.”
   The lawsuit argues the state already properly regulates sex offenders through existing laws.  

  
  
  

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A convicted child rapist

look at the wording used here---this was the opener for the article,,,they didn't say 'sex offender' 'child predator' or anyother moronic names/titles we give to these issues/folks......just look at the wording----

BOTTOM LINE----WE DONT KNOW WHAT/WHO THEY ARE, WHAT TO DO WITH THEM OR WHAT ROAD SOCIETY IS TAKING....................

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Main Entry: 2rape
Function: transitive verb
Inflected Form(s): raped; rap·ing
Etymology: Middle English, from Latin rapere
1 a archaic : to seize and take away by force b : DESPOIL
2 : to commit rape on
- rap·er noun
- rap·ist  /'rA-pist/ noun

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Main Entry: por·nog·ra·phy
Pronunciation: -fE
Function: noun
Etymology: Greek pornographos, adjective, writing about prostitutes, from pornE prostitute + graphein to write; akin to Greek pernanai to sell, poros journey -- more at FARE, CARVE
1 : the depiction of erotic behavior (as in pictures or writing) intended to cause sexual excitement
2 : material (as books or a photograph) that depicts erotic behavior and is intended to cause sexual excitement
3 : the depiction of acts in a sensational manner so as to arouse a quick intense emotional reaction
- por·no·graph·ic  /"por-n&-'gra-fik/ adjective
- por·no·graph·i·cal·ly  /-fi-k(&-)lE/ adverb

WE ARE DOGS----SHOW ME THE $$ TRAIL YOU TOE TAPPERS.......

http://www.dailygazette.com

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Carl Strock THE VIEW FROM HERE
Absurd results of Albany law prompted suit
Carl Strock can be reached at 395-3085 or by e-mail at carlstrock@dailygazette.com.

   Albany County’s sex-offender residency law is being challenged in court, and the case that precipitated the suit points up the absurdities and impracticalities of such laws clearly enough.
   Albany’s law forbids people who are classified as Level 2 or 3 sex offenders from living within 1,000 feet of a school, daycare center, park or place that provides religious education to children and is thus similar to laws passed in many other municipalities over the past few years But unlike the law passed (and then repealed) in Schenectady County recently, it is not retroactive, meaning if a registered sex offender is already living within a prohibited zone, he can stay. It’s just that no new ones can move in.
   It was the requirement to move that made Schenectady’s law so onerous, and so legally dubious, but in Albany we can see that even the less onerous version creates bizarre situations that should make us wonder if this is a rational way to protect children or anyone else, as local legislators claim.
   The person at the center of the case, the plaintiff, is a 55-year-old man who lives alone in a one-bedroom apartment in the Washington Park area of the city. In 1985 he was convicted of raping a 14-year-old girl and was sentenced to 12 1 /2 to 25 years in prison, of which he served 17 years before being released on parole, in October 2002.
   He then took up residence on Morton Avenue with the approval of his parole officer and lived there without incident until the building he lived in was sold earlier this year and he had to get out. By that time Albany County had passed its residency restrictions, so he couldn’t have moved into another apartment on the same block even if one had been available. He had to observe the new 1,000-foot limit, despite the fact that he had lived there peaceably, near both a school and a park, for 4 1 /2 years.
   His parole officer found him another apartment that he assured him was suitable, and John Doe moved in. (The lawsuit is filed under John Doe to protect the guy from possible harassment, and his exact address is being kept confi - dential also.)
   Everything was fine until a few weeks ago when a detective from the Albany Police Department’s Children and Family Services contacted him and told him no, actually, his residence was not OK, it was slightly within the prohibited 1,000 feet, though he was not told exactly what it was too close to. He was given 30 days to move.
   So he started looking for a new place to go. “I put in a lot of legwork,” he told me when I talked to him the other day.
   He trudged the streets, looking for “For Rent” signs, and he would write down the address of anything he found and then call the police and ask if it was acceptable. Time after time the answer came back, no.
   He says he scouted out about 30 places, and they were all rejected. He says he was never given a reason, was never told that an address was too close to a particular school or park or anything of the sort, and most interestingly he was never provided with a map showing him the forbidden zones. It was just hitand-miss on his part.
   The Police Department’s spokesman, Jim Miller, confirmed for me that this is indeed how it works. The department has either a map or a list of acceptable and unacceptable addresses but it does not make the map or the list available to people who are looking for a place to live. They have to call and ask, Is this OK? Is that OK? And of course, since it’s hard to be 1,000 feet away from a school, daycare center, park, recreation facility or religious institution anywhere in Albany, most places are not OK, and the seekers just have to keep seeking in the dark.
   John Doe, by the way, has medical limitations.
   He is diabetic and has to give himself insulin injections twice a day. As a military veteran he gets treatment at the Veterans Administration Medical Center, which monitors his blood-pressure everyday by a telephone connection. He hooks himself up to a monitor at home, dials a telephone number, and his blood pressure is read eletronically.
   He also has hepatitis C, heart trouble and assorted mental conditions. He lives on disability payments and pretty much stays at home.
   So here he was, needing to move but with no place to move to. He couldn’t go to a shelter, because all the shelters in Albany are within the 1,000-foot exclusionary zones. He couldn’t become homeless, because that would be a violation of his parole — he has to have an address. He was afraid if he tried to get into a fleabag motel on Central Avenue he wouldn’t have a refrigerator to store his insulin or a telephone line to phone in his blood pressure.
   He was getting desperate, and with time running out he contacted the New York Civil Liberties Union, which put him in touch with the lawyers Terry Kindlon and Kathy Manley, and they’re the ones who filed the suit on his behalf, taking the case pro bono.
   In their court papers they argue that Albany County’s law (like all other such laws, presumably) is unconstitutional because:
   It is pre-empted by state law dealing with sex offenders.
   It imposes punishment retroactively.
   It ignores due process.
   It violates the principle of equal protection of the laws.
   It does not allow for individual determination as to how dangerous a registered offender might be.
   Which is all as a court may or may not find. But from a non-legal point of view, just think of the absurdity of the situation. Think of this 55-year-old medical case walking the streets of Albany looking blindly for a place to live. No map, no nothing.
   Think of him being told by one agency that he can live in a certain apartment and then by another agency that he cannot and that he has to move.
   Think of him fretting over his insulin supply and his blood pressure.
   My level of sympathy with a man who rapes a 14-year-old girl is close to zero, even when the crime is 22 years in the past. It’s the absurdity that I believe we ought to contemplate, and the question, are the children of Albany safer for it?