"Sex offender residency rules struck down in N.J.; Court cites conflict with Megan's Law" by David Porter, Associated Press | May 8, 2009
NEWARK - New Jersey's Supreme Court ruled yesterday that towns cannot ban sex offenders from living near schools, parks, or other places where children gather. I'm of mixed feeling on this issue.
On the one hand, I agree with the court because the state is unconstitutionally using sex offenses as a form of leprosy; however, they do seem to be an incurable lot -- which has led me in the past to call for executions.
Also see: Supreme Court Sickies
The court struck down two municipal ordinances that restricted where convicted sex offenders could live, a ruling that invalidates similar laws in more than 100 other towns across the state.
The two cases, in Cherry Hill and Galloway townships in southern New Jersey, highlighted Megan's Law, which requires convicted sex offenders to register their whereabouts with law enforcement.
The broader issue, though, centered on whether towns have the authority to pass ordinances that may conflict with state laws. In its 6-0 decision, the Supreme Court echoed a 2008 appellate ruling that sided with the plaintiffs. Justice John E. Wallace Jr. did not participate.
"Cherry Hill Township's and Galloway Township's ordinances, establishing residency restrictions that formed buffer zones for convicted sex offenders living within their communities, are precluded by the present, stark language of Megan's Law," the justices wrote. "It is that language which controls."
All 50 states have some version of Megan's Law, but the cases decided yesterday are the first of their type to reach a state Supreme Court, said Frank Corrado, an attorney for the American Civil Liberties Union who represented the unidentified plaintiff in Galloway Township. The ACLU filed a lawsuit in Vermont this week challenging a similar ordinance in the town of Barre, near Montpelier.
Attorneys representing Cherry Hill and Galloway townships argued before the Supreme Court in March that local ordinances fill gaps in Megan's Law and that towns should have the right to expand on state laws under New Jersey's home rule statute.
"I'm obviously very disappointed that the Supreme Court didn't recognize the home rule doctrine of our constitution," Demetrios Stratis, an attorney representing Galloway Township, said.
Then there is THAT aspect of the issue. The MORE LOCAL the BETTER!!!
That is WHAT this country was FOUNDED UPON!!
Stratis said supporters of the ordinances will now have to rely on the state Legislature to expand Megan's Law or authorize towns to craft their own rules.
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For more type in "sex, courts" into my blog search and read on.
Of course, we need not worry about such folks in good, old, liberal, self-righteous Massachusetts:
The state's highest court ruled yesterday that a law mandating electronic monitoring of people on probation for certain sex offenses does not apply to defendants on pretrial probation.
The Supreme Judicial Court found that the law requiring the use of ankle bracelets with GPS monitoring capabilities only applied to people who had been convicted of the crimes or who had admitted to sufficient facts for a guilty finding.
"In sum, we must conclude from the language and history of [the law] that the Legislature intended the GPS requirement to apply only to convicted individuals," the court said in a seven-page ruling written by Justice Margot Botsford.
Again, I would agree: the formulating idea is SUPPOSED TO BE INNOCENT until PROVEN GUILTY.
The ruling clashed with a memo interpreting the law that was issued by the state probation commissioner the day the law took effect in 2006. The memo said that the GPS requirement applied to pretrial and post-trial probationers, the court said.
It wasn't clear yesterday how many times the ankle bracelets had been required for people who had not been convicted. Commissioner of Probation John J. O'Brien had no comment, said spokeswoman Coria Holland.
That's what they really want: to get their monitoring devices on you, whether it be bracelet, cell-phone, whatever....
The ruling was made in the case of Commonwealth v. Luis Raposo. Raposo challenged the GPS tracking requirement after he was placed on pretrial probation by a New Bedford District Court judge on charges of indecent assault and battery on a child under 14, and disseminating obscene matter to a minor.
Seriously, what are we to do with these perverted freaks?
"We're obviously pleased that the court did a careful analysis," said Colleen Tynan, Raposa's lawyer. "People who haven't made admissions or haven't been convicted are presumed innocent."
Tynan said probation officers had simply felt it was the law that pretrial probationers should submit to GPS tracking. "The decision today makes clear that this statute doesn't reach those individuals," she said.
The court indicated in a footnote that judges could, at their discretion, impose GPS tracking as a condition of pretrial probation for some defendants. "This puts the issue squarely in the hands of district and superior court judges," said Gregg Miliote, a spokesman for Bristol District Attorney Samuel Sutter.
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You know, that is interesting because it seems is ALWAYS the AUTHORITIES that are the PERVERTS!
"Ex-Fla. official jailed for child porn" by Associated Press | May 9, 2009
TAMPA - A former spokesman for Florida's child welfare agency was sentenced to more than 24 years in prison yesterday for taking nude photos of teenage males, including a 16-year-old under the agency's care.
Al Zimmerman's arrest prompted a review of hiring policies and personnel files at the Department of Children and Families to make sure every employee has had a criminal background check. The former TV newsman pleaded guilty in January to a charge of producing child porn. Other charges were dropped in the plea deal....
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Oh, we got it h're, too -- in a most disgusting form!
"Convicted Mass. librarian wants to keep pension
BEVERLY, Mass. --The former director of the Beverly Public Library who pleaded guilty to possessing child pornography wants to keep his $31,000 annual public pension.
You are LUCKY to KEEP YOUR HEAD, pervert!!!!!!!!!!!
Thomas Scully has filed a lawsuit in Salem Superior Court claiming the city Retirement Board has no right to revoke his pension on the grounds of "moral turpitude." Scully's suit filed Friday claims he would suffer "severe financial loss" if he loses his pension because he is unlikely to land another job in his field.
NOR SHOULD HE BE ALLOWED TO!!!
Scully's pension was approved in May 2005, after his arrest, but his lawyer tells The Salem News the decision can't be undone despite his subsequent conviction.
You gotta be s***ing me! Only in Massachusetts!!!!
The board is investigating whether to revoke the pension. Scully pleaded guilty in January and was sentenced to two years probation.
That's IT?!! Two years PROBATION for KIDDIE PORN?
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Of course, when the STATE is SUPPOSED to be protecting kids:"Homicide suspect incompetent to stand trial" by Patricia Wen, Globe Staff | May 20, 2009
QUINCY - A Chinese immigrant, who had been distraught and suicidal over her husband's alleged infidelity, was declared mentally incompetent yesterday before she was to be arraigned on charges that she killed her 9-year-old daughter and tried to kill her 14-year-old daughter in a desperate effort to annihilate her family.
The Norfolk district attorney's office is awaiting the final medical examiner's report to determine what additional charges will be filed against Chi Xue-fang, 38, in connection with the death of her fetus. When police arrived at her Quincy apartment on April 16, they found Chi, who was 7 1/2 months pregnant, unconscious with wounds to her wrist and abdomen, court records say.
Quincy District Court Judge Mark Coven set July 1 for a hearing to see if she becomes mentally competent and can be formally arraigned. Chi's 14-year-old daughter, who escaped an attack by her mother, is in foster care and attending a Quincy middle school, officials said.
Appearing in court, Chi was silent, appearing heavily sedated as she sat in a wheelchair. Her left arm was largely covered with beige elastic bandages, and her ankles were shackled. A court interpreter translated the proceedings into Mandarin for Chi, who had a vacant look.
After the hearing, Chi was sent back to Worcester State Hospital for further psychiatric evaluation and treatment. Chi immigrated two years ago to join her husband, a cook, who had arrived in this country earlier, police records said.
In the past year, Chi learned that her husband had fathered a child with his girlfriend, neighbors said. Chi battled with her husband over the affair, and several months ago Chi allegedly drank a toxic substance in an alleged suicide attempt. The state's child-protection agency intervened. Agency officials have declined to comment on the extent of their involvement.--more--"
See They Died in Each Others Arms if you think it doesn't happen that often, readers.
"Salem killing suspect to be arraigned" by David Abel, Globe Staff | May 20, 2009
Salem police transported Peter Ronchi from Connecticut back to Salem yesterday to face charges in the killing of his pregnant girlfriend. The 45-year-old massage therapist waived his right to fight extradition.
Ronchi, who is expected to be arraigned in Salem District Court today on murder charges, surrendered to police in Norwalk, Conn., Sunday. A police report said he told them that he stabbed Yuliya Galperina to death because "she told me I wasn't the father of the child she was carrying."
Galperina, the 42-year-old mother of two young children, was 8-months pregnant. Police said that Ronchi killed Galperina before 7:30 a.m. as her 3-year-old daughter and 8-year-old son slept in their two-bedroom apartment in the Salem Heights apartment building. Officials at the boy's school said he found his mother after she was stabbed.
"He said, 'I knew she was dead,' " said Ken Schulman, head of school at the Cohen Hillel Academy in Marblehead, a private Jewish school, where the boy returned this week.
Schulman said the boy is staying at the home of his second grade teacher, whom he said preferred not to be identified. He said state officials did a background check on the teacher and determined it was better that he stay with her than a stranger. Schulman said multiple parents have offered to take in the children.
Well, that sure is odd, isn't it?
He said the boy remains in shock. "When he talks about the horrific scene he found, it's like he's talking about a cartoon or a movie he saw," Schulman said. "His emotions aren't really congruent with the events he's describing." He described the boy as a "sweet and likable kid."
Aren't they all?
Alison Goodwin, a spokeswoman for the Massachusetts Department of Children and Families, said the agency had initially taken custody of the children. She would not say where the girl is staying. Schulman said the children have different fathers and that the boy's father had flown in from California. Schulman said he was not sure if the father would take custody of the boy. He said the children have an older sister, an 18-year-old, who may be a possible caretaker.
He described Galperina, a divorced former nurse's aide who had immigrated from the Ukraine, as a pleasant woman who tended to her son's needs....
There is your Jewish connection.
On Sunday afternoon, Ronchi drove to Norwalk, parked his car at a
Ronchi told the officer that he had had a bad dream, but that he thought it was real. "It was a horrible nightmare," Ronchi said, according to the report. "I think I killed my 8-month-pregnant girlfriend after she told me I wasn't the father."
Ronchi then identified himself, showing the officer his Massachusetts license, and he was taken into custody. Captain Paul Tucker of the Salem Police Department said authorities were considering adding a second murder charge for the unborn child.
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Before I turned around on the abortion issue I would have said no charge, but now.... that's a life.
Also see: Slow Saturday Special: American People Are Antiwar
