COURT FINDS BAN ON SEX OFFENDERS USING SOCIAL MEDIA UNCONSTITUTIONAL

The Seventh Circuit Court of Appeal found that a law limiting computer use by sex offenders violates the First Amendment. The Indiana law prohibited those required to register as sex offenders from “‘knowingly or intentionally us[ing]: a social networking web site’ or ‘an instant messaging or chat room program’ that ‘the offender knows allows a person who is less than eighteen (18) years of age to access or use the web site or program.’” Government may not prescribe the form […] Read more »

JERRY SANDUSKY SENT TO SUPERMAX PRISON

Jerry Sandusky the former Penn State assistant football coach who was convicted of 45 counts of child molestation and sentenced to an indeterminant term of 30 to 60 years at 68 years old. After he was sentenced he was housed at a holding facility at Camp Hill near Harrisburg for evaluation until the Department of Corrections could decide on permanent housing for him. They have now decided to place him in the maximum security State Correctional Institution in Greene County. […] Read more »

FIRST CIRCUIT UPHOLDS ADMISSION OF SIMILAR CRIMES

Federal Rules of Evidence Rule 404(b) states: (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. (2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. . . In United […] Read more »

JERRY SANDUSKY CLAIMS INNOCENCE PRIOR TO SENTENCING

Tomorrow former Penn State Assistant Football Coach, Jerry Sandusky is scheduled to be sentenced. He was found guilty beyond a reasonable doubt on 45 counts of child sexual abuse. Today Sandusky released a statement denying guilt and claiming that he was the victim of a conspiracy between the victims, media, investigators, the justice system, Penn State, psychologists, and civil attorneys. No judge wants to hear from a defendant that he/she is innocent at sentencing. Particularly in a case like this […] Read more »

ANOTHER L.A. TEACHER ARRESTED ON SEX ABUSE CHARGES

Last week we reported the arrest of a teacher on sex abuse charges at Miramonte Elementary School in Los Angeles. In a bizarre turn of events it became known over the weekend that a second teacher, Martin Springer, has been arrested at the same school, charged with groping two young children. At first glance it might appear that the two cases are related. In fact one girl is alleged to be the victim of both teachers. It is certainly easy […] Read more »

LA JUDGE SETS $23 MILLION BAIL FOR TEACHER ACCUSED OF CHILD ABUSE

A former Los Angeles teacher was charged with committing lewd acts against 23 children ten years old or younger. His bail has been set at $23 million. Few former teachers who I know can make a $100,000 bail yet alone a $23 million bail. He is charged with horrendous crimes. It is alleged that he blindfolded the children and using his semen gave them a tasting test to determine whether the semen was sweet or salty. It is further alleged […] Read more »

SUPREME COURT LIMITS SEX REGISTRATION REQUIREMENTS

The Sex Offender Registration and Notification Act (SORNA), became law July 27, 2006. It requires all sex offenders to register. As part of the registration they must provide their name, address, business address, and school status. Everyone who has been convicted of certain sex offenses must register, regardless of whether the conviction predated or post-dated SORNA’s passage. Those who are convicted after SORNA’s passage must register before getting out of custody. Those who are not given a jail sentence must […] Read more »

COURT AFFIRMS SENTENCE FOR VIOLATION OF SUPERVISED RELEASE IN SEX OFFENDER CASE

Brian Charles Olinger plead guilty in 2009 to failure to register as a sex offender. He was sentenced to 15 months in prison and 120 months of supervised release. Among the conditions of his release were that he not view pornography and that he not use a computer with internet access. While checking on another sex offender who stayed in the same hostel as Olinger resided at probation officers learned that Olinger had access to a computer that might have […] Read more »

WARREN JEFFS SENTENCED TO 119 YEARS IN PRISON

Warren Jeffs , the head of the Fundamentalist Church of the Latter-day Saints was sentenced to 119 years in prison after he was convicted in Texas last week of two sexual assaults on underage members of his church who he took as “spiritual” wives. He was given a life sentence of 99 years committing an aggravated sexual assault on a 12 year and an additional 20 years to be served consecutively for a sexual assault on a girl who was […] Read more »

THE SUPREME COURT REVERSES NINTH CIRCUIT SORNA DECISION FOR MOOTNESS

At 13 years old the respondent, in a Supreme Court case, began sexually assaulting a ten year old boy on the Fort Belknap Indian Reservation in Montana. The assaults continued for two years. In 2005 the respondent admitted to juvenile delinquency allegations in Federal Court. He was sentenced to two years of juvenile detention followed by juvenile supervision until his 21st birthday with the first six months of the supervision served in a prerelease center. In 2006 Congress passed the […] Read more »