Sunday, March 28, 2010

War on sex crimes must be waged on many fronts

The Patriot Ledger
Posted Mar 27, 2010 @ 06:00 AM

A sex crime in California that captivated the nation for most of this month was a painful and frightening reminder of our vulnerability to such predators.

Local police and prosecutors say there’s no reason to believe the same type of brutal attack – which led to the Feb. 28 arrest of a convicted sex offender for the rape and murder of a 17-year-old girl in California – couldn’t happen here.

Registered sex offender John Albert Gardner III is accused of murdering Chelsea King and is a suspect in the murder of 14-year-old Amber Dubois as well.

His arrest has raised many questions.

Do sex offender registries work?

Should residency laws be strengthened to further corral where offenders can live and work?

Should the worst offenders serve longer sentences or be incarcerated for life?

Unfortunately, there are no simple answers.

Our prison system is already overburdened. And limits on where sex offenders can live and work push them further away from the support and services that are needed to keep them from re-offending.

“This problem doesn’t lend itself to one solution,” said William Keating, Norfolk County District Attorney.

Both he and Plymouth County District Attorney Timothy Cruz have lobbied for longer prison sentences, extended probation or lifetime parole for the worst offenders.

“Some of these people can’t be fixed or helped,” Cruz said. “Some of them should never be released.”

Opponents to such moves argue they violate our Constitution and would push the prison system to the point of collapse and bankrupt the state in the process.

The parents of Chelsea King have launched a campaign in California – with plans to push it as a federal law – that would strengthen oversight of child-sex predators.

They’ve introduced a bill, called Chelsea’s Law, that would increase electronic monitoring, including lifetime parole with GPS monitoring for certain offenders.

It’s an idea worth serious consideration.

Meanwhile, there are things that should change immediately, such as aggressively using existing laws.

That means judges imposing maximum-allowed sentences on the predators most likely to re-offend. That means vigilant enforcement of the existing terms of parole and probation. It also means parents taking advantage of access to information – either through the state or at local police departments – about potential threats.

Yes, the sex offender registry has it’s flaws. Some offenders do not register properly or at all.

But while it cannot pinpoint all possible threats, it gives parents more information than they would have without it.

Few things elicit the kind of visceral reaction we have to stories of sex crimes against children.

Elected representatives should continue to push for laws that improve protections without bankrupting us or gutting our system of justice.

At the same time, stories like Chelsea King’s are important reminders that even as legal protections evolve, we can never let down our guard.

Friday, March 19, 2010

Island Man Arrested on Rape Charges

Vineyard Gazette
News Update: Friday, March 19

Island Man Arrested on Rape Charges

By JIM HICKEY
An Island man arrested this week is facing several charges of rape and indecent assault and battery against a mentally retarded person.
Peter Duart, 41, a registered Level II sex offender as well as a former assistant coach of the Martha’s Vineyard Regional High School football team, and an elected, currently serving member of the Tisbury planning board, was arrested by Massachusetts state police on Wednesday in Dartmouth after Oak Bluffs police issued a warrant for his arrest.
Mr. Duart was apprehended at a restaurant in Dartmouth. He was found to be in possession of over $5,000 in cash as well as his passport.
State police from the Oak Bluffs barracks traveled to Dartmouth to pick up Mr. Duart after his arrest, and he was brought back to the Island to be processed.
Oak Bluffs police obtained a search warrant to search Mr. Duart’s home on Daggett avenue in Tisbury, based on allegations that he possessed child pornography. During the search, police seized a laptop computer, DVDs as well as letters and notes.
He was arraigned on Thursday morning, bail was set at $50,000, and he was ordered to surrender his passport.
He is being held at the Dukes County Jail, according to a statement issued Friday by Oak Bluffs police.
In 2003 Mr. Duart was indicted by a grand jury on one count of rape and one count of indecent assault and battery on a retarded person.

Thursday, March 4, 2010

Sex offender held in a rape of disabled man

Salem News
3-4-2010
Sex offender held in rape of disabled man
By Julie ManganisStaff writer
BEVERLY — A Level 3 sex offender has been charged with forcing a disabled man to engage in sexual acts in a rooming house apartment, according to court documents.
Wayne Dion, 57, who was convicted of child rape and dissemination of obscene material to minors back in 1997, is considered at the highest risk of reoffending by the Sex Offender Registry Board.
He is now being held without bail pending a dangerousness hearing, after his arrest Monday on a charge of rape.
On Monday afternoon, police were called to 9 Park St., where Dion has been living, and met a 36-year-old disabled man who told police that Dion had forced him to engage in sexual acts, according to a police report.
The younger man said he had known Dion for two to three months and said Dion had repeatedly offered him marijuana if he would engage in sexual activity with him.
The younger man told police that he refused.
Police knocked on Dion's door and got no answer, though they could hear a television. According to the report, police went to the building manager when no one answered, because they were concerned that Dion might be in medical distress; he has diabetes and uses a machine to help him breathe at night because of sleep apnea.
He wasn't there.
Police arrested him when he showed up at the police station to re-register as a sex offender. It was unclear from the report what prompted that visit.
Prosecutors at Dion's arraignment Tuesday asked Judge Robert Brennan to hold Dion without bail as a danger to the community. Brennan allowed the request to hold Dion until a full hearing on March 8.
http://www.salemnews.com/punews/local_story_063001149.html

Lynn man sentenced for aggravated rape

Lynn Item
3-4-2010
Lynn man sentenced for aggravated rape
By Karen A. Kapsourakis / For the Item

NEWBURYPORT - A Lynn man convicted of raping and beating a woman with a sword at his Alley Street home in 2008 may spend up to 25 years behind bars.Cornelius Moore, 52, of 82 Alley St., #2, Lynn, went on trial last week in Newburyport Superior Court on charges of aggravated rape and assault and battery with a dangerous weapon, a sword, in connection with a sexual assault at his home on Aug. 18, 2008.A 12-person jury comprised of eight women and four men deliberated for about three hours, finding Moore guilty as charged Tuesday afternoon.He was sentenced Wednesday afternoon by Judge Richard E. Welch, III, to serve 12-to-15 years in state prison on the aggravated rape charge and will serve another 8-to-10-years in prison on the assault and battery with a dangerous weapon charge.In essence, Moore will serve not less than 20 years and not more than 25 years in prison before he is released.Assistant District Attorney Greg A. Friedholm presented evidence at trial that on the night of Aug. 18 the victim, who was in her 50s, went to his apartment to apparently see an area where she could store some items. They were acquaintances at the time.While at his apartment, Moore forced himself on the woman while threatening and beating her with a sword.Defense lawyer Rebecca Whitehill argued during the trial that the women had fabricated the incident and that her client was innocent of all charges. Moore did not take the stand in his own defense.Friedholm sought a 25-to-30 year punishment, saying it was based upon "not only the violence perpetrated upon the victim, but also takes into consideration the violent criminal history of the defendant that spanned two decades," he said.Moore has numerous violence charges on his record, including a 2005 Lynn incident when he allegedly rammed his car at patrons standing outside Cesar's Palace Lounge on Buffum Street after bartenders had ejected him for being belligerent and verbally abusive.Moore is also a registered sex offender for being previously convicted of indecent assault and battery.Whitehill asked the judge for leniency, proposing a lesser punishment.Friedholm later credited the work of the Lynn Police Department for their investigation of the case.Moore was indicted by an Essex County grand jury in September of 2008 and has been held in custody in lieu of $50,000 cash bail since being arraigned. The judge credited him the 562 days he spent awaiting trial on the case.

Thursday, February 25, 2010

Reject Senate bill on CORI reform

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

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.

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.