Reject Senate bill on CORI reform
The Lowell Sun
02/24/2010
By Laurie Myers
It has been three years since Deval Patrick became the governor of Massachusetts, and one of the items that topped his agenda was "reforming" Criminal Offender Record Information (CORI). He claimed the existence of criminal records prevented criminals from obtaining jobs and housing, but those of us who are involved in supporting victims of violent crime argue that sealing criminal records at all would provide the secrecy that only perpetuates more crimes.
In 2008 and throughout his campaign, the governor announced that sex offender records would not be eligible for sealing. This was something we had hoped for and with which CORI activists agreed. The governor stayed true to his word during his first two years in office, but the bill died during the last legislative cycle. Along with it died the governor's word that he would not give a free pass to those convicted of crimes against the most vulnerable.
In the governor's second filing of his CORI reform bill, he decided to allow sex offenders who have been relieved of their obligation to register with the Sex Offender Registry to have their records sealed. What he failed to address is the loophole in our law that allows judges to waive the sex-offender registration requirement. According to Kevin Burke, former secretary of public safety and security, the change was the result of the governor wanting to be "fair."
Let's talk about what's fair.
Every court from the U.S. Supreme Court to the Massachusetts Supreme Judicial Court has agreed that the public has the right to know if a person convicted of a sex crime lives or works in their community, but the governor would rather err on the side of secrecy and create a new set of "privacy" rights to those who choose to commit a crime than honor the decisions handed down by the courts.
The CORI "reform" legislation goes even one step further and exempts the government and businesses from liability if a person hired under the new veil of secrecy commits a crime. "No employer or person relying on volunteers shall be liable for negligent hiring practices by reason of relying solely on criminal offender record information received from the department and not performing additional criminal history background checks."
So who suffers? You! And it gets better. If this law passes and you happen to be lucky enough to obtain criminal information and decide to not hire someone based on what you've learned, you could be brought before "the commissioner" or his designee whose new job it will be to "investigate" complaints pertaining to misuse of the public safety information and issue sanctions and penalties for "misuse," including fines up to $5,000 for each violation." The new commissioner would also have the power to forward information for criminal prosecution if he interpreted its use to "cause a reasonable person to suffer emotional distress" and if found guilty, the person "shall be punished by a fine of not more than $5,000 or imprisoned in a jail or house of correction for not more than one year, or both."
This new law would create a new group of criminals in Massachusetts -- the law abiding -- along with the final stage of moral bankruptcy, an all new low for even the state of Massachusetts.
This bill passed the Massachusetts Senate in November, currently awaits action by the House of Representatives and is close to becoming law. We all agree that people deserve second chances, but at what cost? More than 20 other states make all criminal conviction information public and CORI, as it stands now, limits the public's access to criminal information. We should eliminate CORI all together and dedicate the resources to making sure all information is correct. If a citizen makes a request for criminal information it should be accurate and up to date, not hidden because the governor thinks he knows what's best.
Sorry, governor, ignorance is not bliss, and the way to stop the pattern of abuse is not to wave a magic wand and make the records disappear. Just ask the family members of the victims of Amy Bishop. Contact your legislators and let them know that S2220 is misguided and should not be acted on.
Laurie Myers is the president of Community VOICES, a victims' rights organization, a former rape crisis counselor and a resident of Chelmsford.
Read more:http://www.lowellsun.com/ci_14460692?IADID=Search-www.lowellsun.com-www.lowellsun.com#ixzz0gaogqxi7
Thursday, February 25, 2010
Saturday, February 20, 2010
Haverhill man gets 23 year sentence for raping child
http://www.eagletribune.com/punewshh/local_story_048224418.html?keyword=topstory
Eagle Tribune
Haverhill man gets 23-year sentence for raping child
LAWRENCE — A Haverhill man could spend more than two decades behind bars after being convicted last week of raping a young Lawrence girl in 1997.
Lawrence Superior Court Judge Leila Kern yesterday sentenced Kevin Quinn, 44, to 23 years in state prison for rape of a child with force and two counts of indecent assault and battery on a child under 14.
The victim, who is now 19, disclosed the sexual abuse in June 2007 — 10 years after two separate instances.
After hearing testimony in a weeklong trial, the jury deliberated for close to three hours before finding Quinn guilty of indecently assaulting the girl.
Quinn, who was already registered as a Level 3 sex offender, had previously received a 10- to 15-year prison sentence after pleading guilty for aggravated rape in 1986.
The victim in that case also was from Lawrence.
Once released from prison, Quinn will be on probation for five years. Judge Kern ordered him to have no direct or indirect contact with the victim or her family.
The judge also ordered him to have no contact with any children under 16, comply with the requirements of the Sex Offender Registry Board, and participate in a sex offender treatment program.
Essex County Assistant District Attorney Karen Hopwood prosecuted Quinn, who was represented by attorney Lynette Leos of the Committee for Public Counsel Services.
Hopwood praised the work of victim/witness advocate Amy Snow and Lawrence Detective Daniel Fitzpatrick.
Eagle Tribune
Haverhill man gets 23-year sentence for raping child
LAWRENCE — A Haverhill man could spend more than two decades behind bars after being convicted last week of raping a young Lawrence girl in 1997.
Lawrence Superior Court Judge Leila Kern yesterday sentenced Kevin Quinn, 44, to 23 years in state prison for rape of a child with force and two counts of indecent assault and battery on a child under 14.
The victim, who is now 19, disclosed the sexual abuse in June 2007 — 10 years after two separate instances.
After hearing testimony in a weeklong trial, the jury deliberated for close to three hours before finding Quinn guilty of indecently assaulting the girl.
Quinn, who was already registered as a Level 3 sex offender, had previously received a 10- to 15-year prison sentence after pleading guilty for aggravated rape in 1986.
The victim in that case also was from Lawrence.
Once released from prison, Quinn will be on probation for five years. Judge Kern ordered him to have no direct or indirect contact with the victim or her family.
The judge also ordered him to have no contact with any children under 16, comply with the requirements of the Sex Offender Registry Board, and participate in a sex offender treatment program.
Essex County Assistant District Attorney Karen Hopwood prosecuted Quinn, who was represented by attorney Lynette Leos of the Committee for Public Counsel Services.
Hopwood praised the work of victim/witness advocate Amy Snow and Lawrence Detective Daniel Fitzpatrick.
DA: Rapist strikes again
http://wbztv.com/video/?id=86938@wbz.dayport.com
DA: Rapist strikes again
Sex offender was free despite violating probation
By Laura CrimaldiSaturday, February 20, 2010 -
A Framingham rapist and Level 3 sex offender is accused of breaking his GPS monitoring bracelet and committing another rape and kidnapping after he violated his probation last month but was allowed to remain free.
Prosecutors say William French, 29, raped a woman in Framingham on Thursday, just two days after Middlesex Superior Court Judge Howard Whitehead ordered French to wear a GPS monitoring bracelet for one year because he violated the terms of his probation by testing positive for smoking pot Jan. 4.
“This is a terribly disturbing case,” Middlesex District Attorney Gerard Leone said in a statement. “We allege that the defendant’s chilling actions occurred . . . just days after he was placed on GPS monitoring by the Probation Department for a probation violation.”
Prosecutors say probation officials were alerted at 11:25 p.m. on Thursday after French removed his GPS monitoring bracelet. A warrant for his arrest was issued 20 minutes later.
It was unclear yesterday what limits were placed on French’s movements under the terms of his electronic monitoring. French lives with his grandparents in Framingham, court records show.
A spokeswoman for the Office of the Commissioner of Probation responded only to e-mailed questions yesterday and stated without providing further details that a warrant was issued Thursday after probation officials learned French had cut off the bracelet. A judicial spokeswoman could not be reached late yesterday to comment on Whitehead’s decision Tuesday to let him remain free.
Details of the latest rape and kidnapping allegations were not released. Framingham District Court Judge Sarah B. Singer ordered the police report impounded and police refused to discuss it. A police log shows French was arrested at 2:50 a.m. yesterday at Framingham police headquarters.
French, who appeared in court wrapped in a blanket that covered his face, was charged with aggravated rape, kidnapping, assault and battery, unarmed robbery, burglary, armed assault and making threats. He is due back in court Thursday for a dangerousness hearing.
French was sentenced to eight to nine years in state prison after pleading guilty to aggravated rape in 2002, according to the Middlesex District Attorney’s Office.
French was released on probation June 24, said Department of Correction spokeswoman Diane Wiffin.
The terms of French’s six-year probation require him to stay drug- and alcohol-free, submit to random drug screens, undergo sex offender treatment and have no contact with the victim.
In the prior rape case, French told the victim he had a gun and threatened to kill her and her 13-year-old daughter, who was sleeping in another room, if she did not comply, court records show.
French’s record also includes a string of prior arrests for larceny, assault, threats and burglary.
DA: Rapist strikes again
Sex offender was free despite violating probation
By Laura CrimaldiSaturday, February 20, 2010 -
A Framingham rapist and Level 3 sex offender is accused of breaking his GPS monitoring bracelet and committing another rape and kidnapping after he violated his probation last month but was allowed to remain free.
Prosecutors say William French, 29, raped a woman in Framingham on Thursday, just two days after Middlesex Superior Court Judge Howard Whitehead ordered French to wear a GPS monitoring bracelet for one year because he violated the terms of his probation by testing positive for smoking pot Jan. 4.
“This is a terribly disturbing case,” Middlesex District Attorney Gerard Leone said in a statement. “We allege that the defendant’s chilling actions occurred . . . just days after he was placed on GPS monitoring by the Probation Department for a probation violation.”
Prosecutors say probation officials were alerted at 11:25 p.m. on Thursday after French removed his GPS monitoring bracelet. A warrant for his arrest was issued 20 minutes later.
It was unclear yesterday what limits were placed on French’s movements under the terms of his electronic monitoring. French lives with his grandparents in Framingham, court records show.
A spokeswoman for the Office of the Commissioner of Probation responded only to e-mailed questions yesterday and stated without providing further details that a warrant was issued Thursday after probation officials learned French had cut off the bracelet. A judicial spokeswoman could not be reached late yesterday to comment on Whitehead’s decision Tuesday to let him remain free.
Details of the latest rape and kidnapping allegations were not released. Framingham District Court Judge Sarah B. Singer ordered the police report impounded and police refused to discuss it. A police log shows French was arrested at 2:50 a.m. yesterday at Framingham police headquarters.
French, who appeared in court wrapped in a blanket that covered his face, was charged with aggravated rape, kidnapping, assault and battery, unarmed robbery, burglary, armed assault and making threats. He is due back in court Thursday for a dangerousness hearing.
French was sentenced to eight to nine years in state prison after pleading guilty to aggravated rape in 2002, according to the Middlesex District Attorney’s Office.
French was released on probation June 24, said Department of Correction spokeswoman Diane Wiffin.
The terms of French’s six-year probation require him to stay drug- and alcohol-free, submit to random drug screens, undergo sex offender treatment and have no contact with the victim.
In the prior rape case, French told the victim he had a gun and threatened to kill her and her 13-year-old daughter, who was sleeping in another room, if she did not comply, court records show.
French’s record also includes a string of prior arrests for larceny, assault, threats and burglary.
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