Enterprise
Police: Child rapist seen naked in clothing store
http://www.enterprisenews.com/news/x191266476/Police-Child-rapist-seen-naked-in-clothing-store
By Robert Sears
GateHouse News Service
Posted Jan 23, 2009
KINGSTON —
A convicted child rapist and Level 3 sex offender was arrested after he allegedly took off all his clothes in an Independence Mall store.
Alvin B. Fields Jr., 36, of 42 Great Woods Road, Plymouth, was seen naked in the unisex changing area of the Old Navy store by at least one customer and the manager, police said. When he was arrested shortly before 7:30 p.m. Wednesday, he told officers that he had left the changing room door open because he is claustrophobic.
Fields was convicted of raping a 13-year-old girl in Quincy in a 2005 case. Later that year, Kingston police arrested him after a store clerk saw him fondling himself in a dressing room at American Eagle Outfitters. And in June 2006, Plymouth police arrested him for exposing himself to a clerk in the Laughing Moon store. He was convicted in both of those cases. He was also convicted of indecent exposure in 1995.
Fields was held overnight on $10,000 bail at the Plymouth County Jail on the latest charges for his Thursday arraignment in Plymouth District Court.
Fields was required to register as a Level 3 sex offender in June 2006. Level 3 offenders are considered to be the most dangerous and most likely to commit another sex crime.
Fields was placed on the state’s 10 Most Wanted sex offender list in late 2006 after he failed to register as a sex offender when he moved from Plymouth to Mashpee. He has since moved back to Plymouth.
State Police said Fields also has an arrest history for sex crimes in Florida and California.
A year ago, Fields pleaded guilty to a charge of open and gross lewdness in the Laughing Moon case and was sentenced to a year in jail.
Friday, January 23, 2009
Derry school district changes background check policy
Derry school district changes background check policy
By Eric Parryeparry@eagletribune.com
DERRY — Anyone who volunteers in Derry schools on a regular basis will have to undergo a complete background check after a convicted sex offender was found to be volunteering at Ernest P. Barka Elementary School for the past four years.
Stephen Cleveland, 69, of 74 Chester Road was convicted of aggravated sexual assault in 1984 and registered with police in November. But it wasn't until last week that Cleveland was told to stay out of the school.
People convicted of sex crimes prior to Jan. 1, 1988, are not required to register, according to New Hampshire law. But since Cleveland's prison sentence went beyond 1988, police learned in November that he is required to register quarterly. He recently became part of the state's public sex offender registry.
Derry Superintendent Mary Ellen Hannon said she doesn't believe any student was ever in danger.
Whenever Cleveland was in the school, he was working with a group of other volunteers and not alone with any children, according to Barka principal Dan LaFleur. He was involved with fundraising for student programs and helped sell popcorn in the cafeteria once a week, according to LaFleur.
After school officials were alerted to Cleveland's background, LaFleur sent a letter to parents, dated Jan. 15, alerting them to the risk, but did not identify Cleveland.
The school district asked Derry police to investigate. After reviewing Cleveland's conduct and the letter of the law, police determined no laws were broken. Sex offenders are not prohibited from working in schools, but they aren't allowed to guide or coach students or have direct contact with them under a certain set of circumstances, according to Capt. Vernon Thomas.
But the incident prompted district officials to change policy and screen every volunteer who enters a school.
"If they're in the building on a regular basis, we are going to start fingerprinting immediately," Hannon said of the district's 700 volunteers.
Under the school district's old policy, anyone who worked directly with children was fingerprinted. But that level of screening didn't apply to volunteers who did other jobs in the school such as photocopying tests and homework assignments.
"They were not really working with children without other adults around," Hannon said.
But some people say the school needs to do even more to protect their children.
Now that Cleveland has been seen around school, children will associate him with being a nice person if they see him in a park or around town unless parents educate their children to the danger, according to Debbie Savoia, a mother and victim rights advocate from North Andover, Mass.
"For the school to say none of these kids are in danger is wrong," Savoia said.
Massachusetts state law requires schools to conduct background checks on all volunteers who may have direct and unmonitored contact with children. The law allows each school district to determine which volunteers they wish to check.
Some other New Hampshire school districts also have a policy of only doing complete background checks on volunteers who work with students unsupervised.
Timberlane Regional School District Superintendent Richard La Salle said volunteers are only fingerprinted if they work directly with students.
A mother or volunteer helping with clerical work in a classroom may not have to go through a complete background check, he said.
But the Salem School District fingerprints all of its volunteers. Superintendent Michael Delahanty said he was familiar with the Derry incident and "the same thing could happen to any school district."
Hannon said the incident was a rare thing for her school district. Typically, they have more issues with people seeking jobs with the school district than they do with volunteers, she said.
Sex offender found in truck in Salem with teenager
Sex offender found in truck in Salem with teenager
http://www.eagletribune.com/punewsnh/local_story_023013616.html?keyword=topstory
By James A. Kimblejkimble@eagletribune.com
SALEM — A registered sex offender was found with a 15-year-old Methuen, Mass., boy in a store parking lot at 2:48 a.m. yesterday, prompting an investigation in Massachusetts into child solicitation.
A Salem officer found Rodney A. Martineau, 42, of 61 Monadnock Ave. in Dracut, Mass., sitting in a Dodge pickup truck with the teen in Eastpointe Plaza.
Martineau and the boy were fully clothed and repeatedly denied anything physical happened between them.
Martineau's status as a registered sex offender and the unusual circumstances in which he was found weren't enough to warrant felony charges in New Hampshire. But Salem police say he could face a such charges in Massachusetts.
They have forwarded their findings to Methuen police, who have started their own investigation.
Martineau was arrested for interference with custody and loitering yesterday morning after police interviewed the boy and checked Martineau's background.
"Based on what we learned from the juvenile and his parents, we believe there was an active solicitation attempt on this child," Salem police Capt. Shawn Patten said. "All of it occurred in Methuen, but we have brought all the charges we could in our jurisdiction."
Methuen police Capt. Thomas Fram confirmed yesterday detectives are now looking into the matter.
Martineau served 27 months in federal prison for possession of child pornography. Authorities found him with a pornographic videotape in July 2001, according to a federal indictment.
He pleaded guilty to the offense and his probation expired in 2007, after 36 months.
But court documents indicate Martineau spent months resisting demands from federal probation officials that he undergo regular polygraph testing to ensure he was being truthful with them.
They were specifically worried whether Martineau would comply with the court's special conditions "related to refraining from child pornography on the Internet and having no unsupervised contact with children under the age of 18 years," court documents say.
A concerned resident called police early yesterday about a vehicle parked behind Eastpointe Plaza at 130 Main St.
Salem police Officer Michael White found Martineau and the boy sitting inside a 2002 white Dodge Ram pickup truck with the engine running.
White ran a background check on Martineau and learned he was a registered sex offender in Massachusetts, according to a police affidavit. The officer then asked the boy to step out of the car and took him into protective custody after questioning him.
The boy admitted to police he snuck out of his Methuen home around 1 a.m. to meet Martineau. Martineau and the youth had been communicating through an instant messenger program for the last few weeks. They initially met where the boy works, police said. Martineau was a customer.
Martineau told the boy to lie about why he was with him, according to White.
Patten said the boy was surprised to find out how old Martineau was. Martineau allegedly told the teen he was 27, not 42.
White took the boy into custody so he could notify his parents. Martineau reported to police headquarters hours later to be charged with the misdemeanor and violation-level offenses, and was released on bail.
Patten credited the quick police response for preventing something more egregious from happening.
"It was very good work by the officers on the midnight shift," Patten said. "The officer knew something was up. They knew it didn't look good and something wasn't right."
The boy told police he got worried while driving around with Martineau.
"He started to become nervous and began to make sure to take notice of street signs and where he was in case something happened," White wrote in his report.
Yesterday, it remained unclear whether Martineau ever completed his court-ordered sex offender treatment. He had contested participating in group therapy and taking polygraph exams.
His lawyer at the time, John Swomley, wrote in court papers the polygraph exams violated his client's right against self-incrimination and privacy. In 2005, Martineau dropped out of group therapy chosen by probation officials and went to a private psychologist instead.
Assistant U.S. Attorney Thomas Feeley responded by arguing the choice wasn't Martinueau's.
"Martineau is no more entitled to select his own treatment regimen than he is entitled to judge his own risk to third parties," Feeley wrote.
Comment from Laurie: Is it me or are you sick of hearing about an offenders rights to victimize children?
http://www.eagletribune.com/punewsnh/local_story_023013616.html?keyword=topstory
By James A. Kimblejkimble@eagletribune.com
SALEM — A registered sex offender was found with a 15-year-old Methuen, Mass., boy in a store parking lot at 2:48 a.m. yesterday, prompting an investigation in Massachusetts into child solicitation.
A Salem officer found Rodney A. Martineau, 42, of 61 Monadnock Ave. in Dracut, Mass., sitting in a Dodge pickup truck with the teen in Eastpointe Plaza.
Martineau and the boy were fully clothed and repeatedly denied anything physical happened between them.
Martineau's status as a registered sex offender and the unusual circumstances in which he was found weren't enough to warrant felony charges in New Hampshire. But Salem police say he could face a such charges in Massachusetts.
They have forwarded their findings to Methuen police, who have started their own investigation.
Martineau was arrested for interference with custody and loitering yesterday morning after police interviewed the boy and checked Martineau's background.
"Based on what we learned from the juvenile and his parents, we believe there was an active solicitation attempt on this child," Salem police Capt. Shawn Patten said. "All of it occurred in Methuen, but we have brought all the charges we could in our jurisdiction."
Methuen police Capt. Thomas Fram confirmed yesterday detectives are now looking into the matter.
Martineau served 27 months in federal prison for possession of child pornography. Authorities found him with a pornographic videotape in July 2001, according to a federal indictment.
He pleaded guilty to the offense and his probation expired in 2007, after 36 months.
But court documents indicate Martineau spent months resisting demands from federal probation officials that he undergo regular polygraph testing to ensure he was being truthful with them.
They were specifically worried whether Martineau would comply with the court's special conditions "related to refraining from child pornography on the Internet and having no unsupervised contact with children under the age of 18 years," court documents say.
A concerned resident called police early yesterday about a vehicle parked behind Eastpointe Plaza at 130 Main St.
Salem police Officer Michael White found Martineau and the boy sitting inside a 2002 white Dodge Ram pickup truck with the engine running.
White ran a background check on Martineau and learned he was a registered sex offender in Massachusetts, according to a police affidavit. The officer then asked the boy to step out of the car and took him into protective custody after questioning him.
The boy admitted to police he snuck out of his Methuen home around 1 a.m. to meet Martineau. Martineau and the youth had been communicating through an instant messenger program for the last few weeks. They initially met where the boy works, police said. Martineau was a customer.
Martineau told the boy to lie about why he was with him, according to White.
Patten said the boy was surprised to find out how old Martineau was. Martineau allegedly told the teen he was 27, not 42.
White took the boy into custody so he could notify his parents. Martineau reported to police headquarters hours later to be charged with the misdemeanor and violation-level offenses, and was released on bail.
Patten credited the quick police response for preventing something more egregious from happening.
"It was very good work by the officers on the midnight shift," Patten said. "The officer knew something was up. They knew it didn't look good and something wasn't right."
The boy told police he got worried while driving around with Martineau.
"He started to become nervous and began to make sure to take notice of street signs and where he was in case something happened," White wrote in his report.
Yesterday, it remained unclear whether Martineau ever completed his court-ordered sex offender treatment. He had contested participating in group therapy and taking polygraph exams.
His lawyer at the time, John Swomley, wrote in court papers the polygraph exams violated his client's right against self-incrimination and privacy. In 2005, Martineau dropped out of group therapy chosen by probation officials and went to a private psychologist instead.
Assistant U.S. Attorney Thomas Feeley responded by arguing the choice wasn't Martinueau's.
"Martineau is no more entitled to select his own treatment regimen than he is entitled to judge his own risk to third parties," Feeley wrote.
Comment from Laurie: Is it me or are you sick of hearing about an offenders rights to victimize children?
Wednesday, January 21, 2009
Jury finds Buddy Smith guilty of rape
Jury finds Buddy Smith guilty of rape
By Will Richmond
GateHouse News Service
Posted Jan 16, 2009
Taunton —
A Superior Court jury has found Buddy Smith guilty of raping a mentally disabled Tiverton man.Smith, 23, of 862 Charles St., Fall River, was found guilty of rape, indecent assault and battery on a mentally retarded person, and witness intimidation. Judge Barbara A. Dortch-Okara sentenced Smith to concurrent seven- to 10-year sentences on the rape and assault charges, to be followed by five years of probation on the witness intimidation count. His jail term will be spent in a state prison. As part of the probation conditions, Smith will be required to stay away from the victim and his family, register as a sex offender and enroll in sex crime perpetrator counseling. He is also not allowed to work with the disabled, or have access to telephone chatlines or a computer. He must also wear a GPS device throughout his probation.Smith is being jailed for raping the now 25-year-old Tiverton man numerous times during a span lasting just over two years, beginning in 2004.In testimony provided by the victim — identified as J in court documents — Smith met J through a telephone chatline, and after learning vital information began picking the victim up as he would take walks around the north Tiverton neighborhood where he resided.Smith took J to various locations throughout Fall River, including relatives’ apartments, a parking lot at St. Anne’s Church and a dugout at one of the Maplewood Park baseball fields, where he, and at times acquaintances, would rape J. Smith and his acquaintances would then threaten the victim with violence, going as far as to say they would kill him and his mother if he were told anyone.An uncle of Smith’s, William Senay, of Fall River, is facing charges of rape and indecent assault on a mentally retarded person and is expected to face trial at a later date.A message left seeking comment at the office of Smith’s attorney, Kenneth Van Colen, was not returned Friday.After the verdict and sentence was announced, the victim’s aunt Lorrie Pierce, expressed relief at having the trial behind them and for the message sent through the jury’s decision.“This is for all the disabled people, from young children to adults,” Pierce said. “Disabled or not, no one has the right to abuse someone or harm you, and this set a precedent to show people like this need to be removed from society. “No one knows the trauma and horror this has caused our family, and thank god we were successful in keeping Buddy Smith out of society. That has been our goal for a long time, and today we got to see that happen.”Bristol County District Attorney Sam Sutter praised the jury’s decision and the efforts of the assistant district attorney handling the case.“I am very gratified for the victim and his family that they received justice for this horrendous, unconscionable crime. Their tenacity in the pursuit of justice was an indispensable part of the successful prosecution,” Sutter said. “An equally indispensable part of the successful prosecution was the advocacy of Second Assistant District Attorney Silvia Rudman. Her remarkable array of talents as a trial attorney was never more evident than during the trial of this case. We are fortunate to have her as a member of our organization.”Smith’s case was closely monitored by the Massachusetts Coalition of Families and Advocates for the Retarded. Following the verdict, the group’s Executive Director Colleen M. Lutkevich remarked on the courage of the victim for recalling the ordeal. “In order to convict, this jury had to believe that the young man with obvious intellectual disability was testifying truthfully about what had been done to him and who did it,” Lutkevich said. “They saw what I saw, an unusually small man with unusual facial features and a very stiff and repetitive way of speaking. But we listened and saw something more: an incredibly brave man. This young man, like many of our family members, tends to believe what he is told by anyone. So when Buddy Smith told him ‘If you tell, I will find you and kill you. I will bash your head in,’ this witness believed that was literal truth. And still he testified. The jury saw that he was an honest man, without guile. Sometimes he didn’t pick out Buddy Smith’s picture, ‘I was afraid’ he testified about those times. There’s nothing disabled about this man’s courage or honesty. The law enforcement officials who let the case languish because they thought a jury would not believe a person with intellectual disability — they were just proven wrong.” E-mail Will Richmond at wrichmond@heraldnews.com.
By Will Richmond
GateHouse News Service
Posted Jan 16, 2009
Taunton —
A Superior Court jury has found Buddy Smith guilty of raping a mentally disabled Tiverton man.Smith, 23, of 862 Charles St., Fall River, was found guilty of rape, indecent assault and battery on a mentally retarded person, and witness intimidation. Judge Barbara A. Dortch-Okara sentenced Smith to concurrent seven- to 10-year sentences on the rape and assault charges, to be followed by five years of probation on the witness intimidation count. His jail term will be spent in a state prison. As part of the probation conditions, Smith will be required to stay away from the victim and his family, register as a sex offender and enroll in sex crime perpetrator counseling. He is also not allowed to work with the disabled, or have access to telephone chatlines or a computer. He must also wear a GPS device throughout his probation.Smith is being jailed for raping the now 25-year-old Tiverton man numerous times during a span lasting just over two years, beginning in 2004.In testimony provided by the victim — identified as J in court documents — Smith met J through a telephone chatline, and after learning vital information began picking the victim up as he would take walks around the north Tiverton neighborhood where he resided.Smith took J to various locations throughout Fall River, including relatives’ apartments, a parking lot at St. Anne’s Church and a dugout at one of the Maplewood Park baseball fields, where he, and at times acquaintances, would rape J. Smith and his acquaintances would then threaten the victim with violence, going as far as to say they would kill him and his mother if he were told anyone.An uncle of Smith’s, William Senay, of Fall River, is facing charges of rape and indecent assault on a mentally retarded person and is expected to face trial at a later date.A message left seeking comment at the office of Smith’s attorney, Kenneth Van Colen, was not returned Friday.After the verdict and sentence was announced, the victim’s aunt Lorrie Pierce, expressed relief at having the trial behind them and for the message sent through the jury’s decision.“This is for all the disabled people, from young children to adults,” Pierce said. “Disabled or not, no one has the right to abuse someone or harm you, and this set a precedent to show people like this need to be removed from society. “No one knows the trauma and horror this has caused our family, and thank god we were successful in keeping Buddy Smith out of society. That has been our goal for a long time, and today we got to see that happen.”Bristol County District Attorney Sam Sutter praised the jury’s decision and the efforts of the assistant district attorney handling the case.“I am very gratified for the victim and his family that they received justice for this horrendous, unconscionable crime. Their tenacity in the pursuit of justice was an indispensable part of the successful prosecution,” Sutter said. “An equally indispensable part of the successful prosecution was the advocacy of Second Assistant District Attorney Silvia Rudman. Her remarkable array of talents as a trial attorney was never more evident than during the trial of this case. We are fortunate to have her as a member of our organization.”Smith’s case was closely monitored by the Massachusetts Coalition of Families and Advocates for the Retarded. Following the verdict, the group’s Executive Director Colleen M. Lutkevich remarked on the courage of the victim for recalling the ordeal. “In order to convict, this jury had to believe that the young man with obvious intellectual disability was testifying truthfully about what had been done to him and who did it,” Lutkevich said. “They saw what I saw, an unusually small man with unusual facial features and a very stiff and repetitive way of speaking. But we listened and saw something more: an incredibly brave man. This young man, like many of our family members, tends to believe what he is told by anyone. So when Buddy Smith told him ‘If you tell, I will find you and kill you. I will bash your head in,’ this witness believed that was literal truth. And still he testified. The jury saw that he was an honest man, without guile. Sometimes he didn’t pick out Buddy Smith’s picture, ‘I was afraid’ he testified about those times. There’s nothing disabled about this man’s courage or honesty. The law enforcement officials who let the case languish because they thought a jury would not believe a person with intellectual disability — they were just proven wrong.” E-mail Will Richmond at wrichmond@heraldnews.com.
Sunday, January 11, 2009
Sex offender measure falls short
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20090111/NEWS/901110322/-1/TOWN1001
Sex offender measure falls short
'January 11, 2009'
By David Kibbe
Standard-Times staff writer
January 11, 2009
BOSTON — A last-minute push to make sure that sex offenders are classified for dangerousness before they are released from prison fell short in the waning hours of the 2007-08 state legislative session last week.
New Bedford officials have been calling for the change since Corey Deen Saunders was accused last January of raping a 6-year-old boy in a downtown library. Saunders had been deemed a Level 3 sex offender, the highest risk to reoffend, after completing his sentence in 2006 for molesting a 7-year-old Attleboro boy.
It was later revealed that Saunders had not been classified for 10 months after his release from prison because his Level 3 classification was under appeal. The classification, addresses and photographs of Level 3 offenders are posted on the Web.
Saunders was sentenced to five years in prison in April for violating probation. He is awaiting trial for rape and other charges in connection with the library incident.
Under current law, the classification process for inmates begins 60 days before their release. Many are released before appeals are completed, so their classification is in limbo when they are freed.
"It's not a safe situation for kids," said Rep. Antonio F.D. Cabral, D-New Bedford. "It's not a safe situation for any neighbors. We know clearly the timeline that exists now doesn't work."
The Standard-Times reported in June that 33 sex offenders in New Bedford did not have to report their whereabouts to police because their classification was under appeal.
SouthCoast legislators rushed to file legislation in response to the Saunders case. Cabral filed a bill that would have begun classification 180 days before release. He said it would ensure that inmates are assigned a level of risk before they leave prison.
He filed it as a separate bill, but it failed to move on its own.
Then Cabral tried to include it as an amendment last summer in the state's version of Jessica's Law, which created mandatory sentences for repeat sex offenders who harm children. Jessica's Law also expanded the definition of aggravated rape to include providing drugs or alcohol to the victim and misusing a position of trust, such as a teacher, coach or clergy member.
Cabral said House leaders told him that if he dropped his amendment, he would be able to bring up his proposal in a supplemental budget later in the year, but the spending plan never materialized.
Cabral tried another tactic.
He included it in the fall as an amendment to a bill that made technical corrections in Jessica's Law. The House passed his amendment on New Year's Eve. The Senate rejected Cabral's amendment on Tuesday, the last day of the session.
With Cabral and the Senate deadlocked, the technical corrections bill died for the session. It would have corrected an oversight; the Legislature failed to make the new offenses under Jessica's Law reportable to the Sex Offender Registry Board.
Last week's drama played out during the Legislature's "informal" session, when only a handful of legislators are present, and a single vote of opposition can stop a bill in its tracks.
Cabral's tactic was not without some controversy.
Laurie Myers, a victims' right advocate with Community VOICES, fought to see Jessica's Law enacted. She accused Cabral of "grandstanding."
"He was well aware if it came back from the Senate, if he didn't concur with the Senate that the bill would die," Myers said. —¦ It's unfortunate. If he filed it separately and pushed for it that way, maybe it could have moved things along. I just feel like he knew it was going to kill the corrections and it really didn't matter. I think it's a shame."
Myers said the new, aggravated offenses should be listed with the registry. "We're talking about some of the most heinous crimes."
She also doubted that Cabral's classification proposal would significantly change the system.
Cabral met with House Speaker Salvatore DiMasi and other House leaders last summer. Cabral said he was all but promised that he would get a chance to attach his bill to something later on. He also met with registry officials to address their concerns in drafting the bill.
Cabral said he supported the technical corrections bill, but it was the "appropriate" way to get his classification change passed.
"For someone to disregard classification as not an important issue in protecting children, I would disagree with that, obviously," Cabral said. "I think New Bedford would disagree. My constituents would disagree."
With the new Legislature being sworn in this past Wednesday, the corrections bill will have new life during formal session, when bills pass by a majority vote. Cabral said he will push hard for his bill in the 2009-10 session.
Cape and Islands District Attorney Michael O'Keefe, who advocated for Jessica's Law as the most recent past president of the Massachusetts District Attorneys Association, was not familiar with the details of Cabral's amendment.
However, O'Keefe said a pilot program that classifies Barnstable County sex offenders before they leave prison and verifies their whereabouts afterward could provide the answer.
The pilot program was launched after the 2003 murder of Jonathan Wessner, 20, of Falmouth by convicted child rapist Paul Nolin revealed numerous flaws in the sex offender registry.
The sex offender management program lost half its funding in Gov. Deval Patrick's emergency budget cuts last fall, but it is championed by O'Keefe, Barnstable County Sheriff James Cummings and Senate President Therese Murray, D-Plymouth.
"I think there will be a move to make that statewide," O'Keefe said
Laurie's comments:
Rep. Cabral never pointed out the importance of the Jessica's Law correctional amendment. This amendment would have made the new crimes created under Jessica's Law, offenses that sex offenders would have to register for. Because of his actions on New Year's Eve, offenders like Corey Saunders would never be dectected if they were convicted under Jessica's Law because Rep. Cabral killed the amendment. Tell me again how that makes our community safer?
Community VOICES advocated for classification of sex offenders before release in 2006. Where was Rep. Cabral then?
It's never a good thing when the DA in your county knows nothing about a piece of legislation that was filed. DA O'Keefe is in charge of a very successful program, maybe Rep. Cabral should have consulted with him first.
Sex offender measure falls short
'January 11, 2009'
By David Kibbe
Standard-Times staff writer
January 11, 2009
BOSTON — A last-minute push to make sure that sex offenders are classified for dangerousness before they are released from prison fell short in the waning hours of the 2007-08 state legislative session last week.
New Bedford officials have been calling for the change since Corey Deen Saunders was accused last January of raping a 6-year-old boy in a downtown library. Saunders had been deemed a Level 3 sex offender, the highest risk to reoffend, after completing his sentence in 2006 for molesting a 7-year-old Attleboro boy.
It was later revealed that Saunders had not been classified for 10 months after his release from prison because his Level 3 classification was under appeal. The classification, addresses and photographs of Level 3 offenders are posted on the Web.
Saunders was sentenced to five years in prison in April for violating probation. He is awaiting trial for rape and other charges in connection with the library incident.
Under current law, the classification process for inmates begins 60 days before their release. Many are released before appeals are completed, so their classification is in limbo when they are freed.
"It's not a safe situation for kids," said Rep. Antonio F.D. Cabral, D-New Bedford. "It's not a safe situation for any neighbors. We know clearly the timeline that exists now doesn't work."
The Standard-Times reported in June that 33 sex offenders in New Bedford did not have to report their whereabouts to police because their classification was under appeal.
SouthCoast legislators rushed to file legislation in response to the Saunders case. Cabral filed a bill that would have begun classification 180 days before release. He said it would ensure that inmates are assigned a level of risk before they leave prison.
He filed it as a separate bill, but it failed to move on its own.
Then Cabral tried to include it as an amendment last summer in the state's version of Jessica's Law, which created mandatory sentences for repeat sex offenders who harm children. Jessica's Law also expanded the definition of aggravated rape to include providing drugs or alcohol to the victim and misusing a position of trust, such as a teacher, coach or clergy member.
Cabral said House leaders told him that if he dropped his amendment, he would be able to bring up his proposal in a supplemental budget later in the year, but the spending plan never materialized.
Cabral tried another tactic.
He included it in the fall as an amendment to a bill that made technical corrections in Jessica's Law. The House passed his amendment on New Year's Eve. The Senate rejected Cabral's amendment on Tuesday, the last day of the session.
With Cabral and the Senate deadlocked, the technical corrections bill died for the session. It would have corrected an oversight; the Legislature failed to make the new offenses under Jessica's Law reportable to the Sex Offender Registry Board.
Last week's drama played out during the Legislature's "informal" session, when only a handful of legislators are present, and a single vote of opposition can stop a bill in its tracks.
Cabral's tactic was not without some controversy.
Laurie Myers, a victims' right advocate with Community VOICES, fought to see Jessica's Law enacted. She accused Cabral of "grandstanding."
"He was well aware if it came back from the Senate, if he didn't concur with the Senate that the bill would die," Myers said. —¦ It's unfortunate. If he filed it separately and pushed for it that way, maybe it could have moved things along. I just feel like he knew it was going to kill the corrections and it really didn't matter. I think it's a shame."
Myers said the new, aggravated offenses should be listed with the registry. "We're talking about some of the most heinous crimes."
She also doubted that Cabral's classification proposal would significantly change the system.
Cabral met with House Speaker Salvatore DiMasi and other House leaders last summer. Cabral said he was all but promised that he would get a chance to attach his bill to something later on. He also met with registry officials to address their concerns in drafting the bill.
Cabral said he supported the technical corrections bill, but it was the "appropriate" way to get his classification change passed.
"For someone to disregard classification as not an important issue in protecting children, I would disagree with that, obviously," Cabral said. "I think New Bedford would disagree. My constituents would disagree."
With the new Legislature being sworn in this past Wednesday, the corrections bill will have new life during formal session, when bills pass by a majority vote. Cabral said he will push hard for his bill in the 2009-10 session.
Cape and Islands District Attorney Michael O'Keefe, who advocated for Jessica's Law as the most recent past president of the Massachusetts District Attorneys Association, was not familiar with the details of Cabral's amendment.
However, O'Keefe said a pilot program that classifies Barnstable County sex offenders before they leave prison and verifies their whereabouts afterward could provide the answer.
The pilot program was launched after the 2003 murder of Jonathan Wessner, 20, of Falmouth by convicted child rapist Paul Nolin revealed numerous flaws in the sex offender registry.
The sex offender management program lost half its funding in Gov. Deval Patrick's emergency budget cuts last fall, but it is championed by O'Keefe, Barnstable County Sheriff James Cummings and Senate President Therese Murray, D-Plymouth.
"I think there will be a move to make that statewide," O'Keefe said
Laurie's comments:
Rep. Cabral never pointed out the importance of the Jessica's Law correctional amendment. This amendment would have made the new crimes created under Jessica's Law, offenses that sex offenders would have to register for. Because of his actions on New Year's Eve, offenders like Corey Saunders would never be dectected if they were convicted under Jessica's Law because Rep. Cabral killed the amendment. Tell me again how that makes our community safer?
Community VOICES advocated for classification of sex offenders before release in 2006. Where was Rep. Cabral then?
It's never a good thing when the DA in your county knows nothing about a piece of legislation that was filed. DA O'Keefe is in charge of a very successful program, maybe Rep. Cabral should have consulted with him first.
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