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Sex Offender/Child Abuse Laws
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JoAnn
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Quoted from 47
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.
This Eblah program comes with a word censor already in place. It is very extensive. We could add to it if we need to. There wouldn't be enough time to check each post. That is what the REPORT tab is for. If anyone is offended by something someone posts, they can use the REPORT tab at which time it would be handled accordingly.

I think we have a pretty good internet community here. I think there are some good discussions and opinions here on just about every topic!
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Unequal justice in sex offender cases

    On a local news channel, I saw a story regarding a man found guilty of molesting two boys. The story reported that he would serve six months in jail and fi ve years of probation and be listed as a sex offender by the state of New York. His prosecution took place at the local level.
    Today while going through some old newspapers I ran across an article in the Gazette dated Oct. 12, 2006. The headline read “Prison term for child porn.” This man plead guilty to possessing child porn and admitted to being addicted to watching it on the Internet through “... numerous Web pay sites...” He received two-and-a-half years in jail plus 10 years of probation, and he too had to register as a sex offender. His prosecution took place at the federal level.
    Here is my point. One actually molests two children and receives six months in jail, and the possessor of porn gets twoand-a-half years in jail. How is this equal and fair justice? If the molested child were mine, I would be angry over such a light sentence.
    What is wrong with our justice system that there are such extremes in sentencing practices? I think this also raises the question: Is this discretionary freedom that is given to judges and prosecutors a good practice for these particular offenses? These two cases scream an emphatic no!
    There should be some continuity or mandatory guidelines in this area of the law regardless of the level of prosecution. Otherwise, how can we say there is equal and fair protection under the law?
    VIRGINIA RIDER
    Schenectady
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Sex offender arrested after found living on property of day care center

CBS 6 News
August 5, 2008

A 44-year-old sex offender has been arrested in Greene County for setting up a residence on the property of a day care center, police say.

Parrish Cleary, a level-two sex offender, was arrested July 31st at his RV on the property of the Gingerbread Day Care Center in Palenville.

Cleary had been wanted for failing to register as a sex offender. He was additionally charged with one count of unlawful possession of marijuana after Greene County sheriff's deputies searched the RV.

Deputies say Cleary had been living on the property with his girlfriend, 25-year-old  Cynthia Bartholomew, who was also charged with unlawful possession of marijuana.

Cleary and Bartholomew had been paying the property owners $300 a month for about a year to live on the in the RV and a small camping trailer, which deputies say were located just a few feet from the day care center's fenced-in play area.

The property owners claimed to be unaware of Cleary's status as a sex offender and have not been criminally charged.

Cleary was placed on the state sex offender registry after an Apil 2000 conviction in Ulster County for third-degree sodomy. Under state law, Cleary is required to register as a sex offender for the rest of his life.

Cleary and Bartholomew were issued appearance tickets for Catskill Town Court.
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http://www.cbs6albany.com/news/guilty_1256559___article.html/raping_teen.html

Quoted Text

Albany Teen Pleads Guilty to Raping Child
August 7, 2008

An Albany teen with spend at least ten years in prison after pleading guilty to raping a 7 year-old girl.  Geraldo Ragland, 19, admitted in Albany County Court Thursday that he raped the child from September of 2006 to March of 2007.

District Attorney David Soares' office says Ragland engaged in numerous acts of sexual conduct with the girl, and would bribe her with dolls and candy to perform the acts.  The DA's office says Ragland told the girl he would harm her if she told anyone.

Under the plea bargain,  Ragland will spend no less than 10 years and no more than 11 years in prison.  He will also face 15 years post release supervision when he is sentenced in October.

Soares said, " He is a clear and present danger to our community and I am very pleased that he will spend the next decade in prison where he will be unable to harm another child."  
  
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Police allege man, 20, fondled 11-year-old boy
    SCHENECTADY — A local man was arrested on Saturday for allegedly fondling an 11-year-old boy.
    Police spokesman Lt. Brian Kilcullen said Benjamin B. Myers, 20, of 222 Fairfax Ave. was visiting a home at 1547 Avenue A where the child was being cared for by a baby sitter. At some point during the evening, Myers allegedly touched the child inappropriately in his private area.
    Myers currently faces a charge of misdemeanor endangering the welfare of a child.
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JoAnn
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Will Mr. Myers be required to register as a sex offender? And I still do not understand how this offense is considered a misdemeanor.
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senders
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Quoted from JoAnn
Will Mr. Myers be required to register as a sex offender? And I still do not understand how this offense is considered a misdemeanor.


until investigation proves more.....maybe misdemeanor means through the pants and not naked touch?????


...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.


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Man charged with failing to register

    SCHENECTADY — A man who admitted in 1999 he attempted to rape a 12-year-old girl has now been charged with failing to register as a sex offender, authorities said.
    Robert LeRay, 42, was charged this week. He is accused of listing a State Street address as his, but not living there, according to papers filed in court.
    LeRay was released from prison in March 2007 after serving the maximum eight years for his guilty plea to attempted rape of the 12-year-old, records show.
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City woman, 28, charged with raping boy

    SCHENECTADY — A city woman was arrested Monday, accused of raping an underage boy, authorities said.
    Stephanie Gambill, 28, of Summit Avenue, was charged with one count each of second-degree rape, a felony, endangering the welfare of a child and unlawfully dealing with a child, misdemeanors.
    She is accused of providing the boy with alcohol Aug. 18 and then having sex with him, according to papers filed in court.
    She is also accused of allowing another boy to consume alcohol.
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SCHENECTADY
Charges against diocese dismissed
Family filed $2M suit in fondling incident

BY MICHAEL LAMENDOLA Gazette Reporter

    A state Supreme County judge in Schenectady dismissed negligence charges against the Albany Roman Catholic Diocese and Bishop Gibbons High School in a $2 million civil lawsuit filed by the family of a teenage girl who said she was fondled by Armando Tebano.
    Judge Richard Aulisi ruled the girl’s family failed to establish a proper reason to sue the two Catholic institutions, saying the family’s claims was more akin to breach of contract rather than negligence.
    Aulisi’s decision only affects the diocese and the high school. The family is also suing Tebano for negligence and he remains a party to the suit, said the family’s attorney, John Aretakis.
    “The case against Tebano is going forward. When a motion to dismiss is made, it holds up the action. Now that the case has been denied, we will conduct depositions and move toward trial,” Aretakis said.
    Aulisi’s decision allows the family to place the full burden of negligence on Tebano, Aretakis said. He expects a trial in 2009. He added he intends to file another lawsuit against the diocese and the high school claiming a breach of contract over their actions.
    “We will file another action because the diocese made certain promises to the family about getting therapy and helping the girl,” Aretakis said.
    Tebano attorney Peter Lynch said the case is pending and offered no further comment.
    Aretakis sued the diocese, Gibbons and Tebano earlier this year in state Supreme Court. The lawsuit claims the diocese and high school intentionally inflicted emotional distress on the girl by denying her admission to the high school as a student the day school was set to begin in 2007.
    The family alleges the Catholic institutions did not provide the girl with proper counseling and compassion “during and throughout her ordeal.” Further, the lawsuit claims, the school retaliated against the girl after she filed criminal charges against a “high profile political figure.”
    Aretakis said the school should have offered her therapy, as “she was a sexual abuse victim, but the school was upset because the family drew attention to the case.”
    Tebano is the former chairman of the city and county Republican committees and the former Republican commissioner of elections for Schenectady County.
    The girl accused Tebano of fondling her in 2005 while they watched a movie at Tebano’s home. She was 14 at the time. Tebano faced misdemeanor third-degree sexual abuse, forcible touching and child endangerment charges.
    Tebano admitted in Schenectady City Court in February 2007 to a violation harassment charge, heading off a high-profile trial. He admitted only to having physical contact with the girl before Schenectady City Court Judge Guido Loyola.
    In return for his guilty plea, Tebano was sentenced to perform 250 hours of community service, was ordered to give a DNA sample — unusual for a violation plea — and to undergo a psychological evaluation.
    Aretakis charged that Tebano received preferential treatment in court because he is married to Schenectady County Court Judge Karen Drago.
    Diocese spokesman Ken Goldfarb said Aulisi’s decision speaks for itself, “as have all prior decisions in all the other courts involving this attorney.”
    Aretakis has made a career out of suing the diocese, but has met several setbacks in the process. Last week, U.S. District Judge Gary Sharpe told him to pay $12,368 for a “bogus federal lawsuit” he filed against the diocese.
    “It is absolutely improper for a trained lawyer to file a bogus federal lawsuit in an effort to vent about his personal dissatisfaction with government,” Sharpe wrote in a 46-page decision released Aug. 18. “Furthermore, if a client wishes to file a bogus lawsuit, it is the responsibility of a trained professional to dissuade her from doing so.”
    Goldfarb said Aretakis has not prevailed in at least five other lawsuits he has filed against the diocese in the last two years.
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Officers train on dealing with sex offenders
Updated: 08/28/2008
By: Kaitlyn Ross

SCHENECTADY, N.Y. -- Deputy Chief James Frankowski of the Rensselaer Police Department said, "Sex offenders are always a concern in any community, so we just want to be on top of the information that we have, and make sure that it's accurate."

Rensselaer County alone has more than 100 registered sex offenders according the Department of Criminal Justice Services website. Open it up to all of New York State, and that number is 27,000.

To make keeping track of every sex offender more manageable, the Department of Criminal Justice Services is offering training seminars across the state.


Mark Spawn of the New York State Sheriff’s Association said, "With that number, it's very important, as you can imagine, law enforcement agencies are trying to balance sex offender registration, monitoring and compliance, along with everything else that they do."


The Sex Offender Registry law has been on the books since 1996 but has been changed every single year since then, which makes keeping track difficult.


Spawn said, "It becomes very essential that we do regular training just so everybody's on the same page so that we all know what the rules are, what the law is, what we can do and what we can't do."


One thing that's making it easier on officers is a program called E-Justice, which goes along with a law passed earlier this year called E-Stop.

E-Stop requires all sex offenders to register their e-mail accounts, screen names, and service providers they may use, like Facebook or MySpace. Now, E-Justice can track and update those accounts.


Michelle Mulligan of DCJS said, "Business doesn't just happen between hours of 8:30 and 4:30. They're working multiple shifts, 24 hours a day so this is always there for them."


The seminars also focus on how to keep the community up to date on sex offenders in their area.

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Quoted Text
SCHENECTADY — A city woman was arrested Monday, accused of raping an underage boy, authorities said.
    Stephanie Gambill, 28, of Summit Avenue, was charged with one count each of second-degree rape, a felony, endangering the welfare of a child and unlawfully dealing with a child, misdemeanors.
    She is accused of providing the boy with alcohol Aug. 18 and then having sex with him, according to papers filed in court.
    She is also accused of allowing another boy to consume alcohol.


That's funny...they dont tell the boys age......I guess it would just be a 'right of passage' by the penis-like standards of our society.....


...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

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SCHENECTADY
Court OK’s lower risk level status of sex offender
Man, 65, appealed original designation

BY STEVEN COOK Gazette Reporter

    A sex offender has successfully challenged a Schenectady County Court ruling on his risk level, lowering it to the lowest rung, according to a ruling out last week.
    Augustus Barody, 65, had a sex offender risk level hearing in Schenectady County in 2006, after moving to New York state from Florida.
    The state Board of Examiners of Sex Offenders evaluated Barody at a risk level II, the mid range risk to reoffend, but recommended the highest level of III.
    Acting Schenectady County Court Judge Richard Giardino found a lower score after a hearing, placing him in the lowest level, level I, but used his discretion in making him a level II, based on the nature of Barody’s crimes.
    Each level carries a different public reporting requirement with more information publicly available for Level IIIs, than Level Is.
    Barody appealed the decision, saying an aggravating factor was needed supported by clear and convincing evidence that was not already taken into account.
    The Appellate Division of the state Supreme Court found that the record included no facts on underlying stalking and burglary convictions. Were they sexual in nature, that would have increased his score, but still below the Level II threshold, the court ruled.
    Barody pleaded guilty in Florida in 1990 to lewd and lascivious conduct with a child less than 16 and received 45 months probation. Three years later, he was convicted of aggravated stalking, violating his sex offender probation. In 1994, Barody pleaded guilty to the burglary and aggravated stalking counts and was sentenced to two years in prison. He completed probation in 2001.
    The ruling was issued Thursday, but on Friday Barody remained listed as a Level II offender on the state Web site. No address is given, he is listed as “Undomiciled.”
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Former sex offender cited

    SCHENECTADY — A local Level 3 sex offender has been arrested, accused of failing to register his accurate address, authorities said.
    Robert Harris, 44, of Phoenix Avenue, was charged with felony failing to register.
    He is accused of listing an Albany Street address as his home, but not living there, authorities said.
    Harris is listed on the state database as a Level 3 offender, the highest level. His address on the state Web site, however, is listed in Troy.
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Quoted Text
Indiana Father Kills Sex Offender Who Broke Into Home

Monday , September 29, 2008



INDIANAPOLIS —

A convicted sex offender died Sunday during a struggle with a father who found the naked man in or near his 17-year-old daughter's bedroom, police said.
Police responding to a call from the city's northwest side about 3:20 a.m. found 64-year-old Robert McNally on the hallway floor with his arm around the neck of 52-year-old David T. Meyers, who was pronounced dead at the scene.

Police spokesman Sgt. Matthew Mount said Meyers had a heart condition and may have had a heart attack. An autopsy was planned.

Police said Meyers was naked except for a mask and latex gloves and had entered the home through a window near the girl's bedroom with rope, condoms and a knife. He was familiar with the home's layout because it belonged to a relative, police said.

The girl awoke and screamed when she saw the man in her room, police said. The father responded and struggled with the intruder while the girl's mother phoned 911.

Police did not anticipate any charges against McNally.

"If a person breaks into your home, you are justified in using deadly force in defending your family," said Mount. "In this situation, I don't think he was trying to kill him, he was trying to hold him down."

Meyers had served 10 years in prison for criminal confinement and sexual deviate conduct and was wanted in Boone County for failure to register as a sex offender. He was registered as a sex offender in Marion County.

Police said Meyers lived with his mother and had recently lost his job.

The death is under investigation and will be reviewed by a Marion County prosecutor.

"Nobody wins," McNally told The Indianapolis Star. "It's a lose-lose situation for everybody. He has family also."

He said his daughter went to church Sunday after the incident.

http://www.foxnews.com/story/0,2933,429503,00.html


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