Society & Culture - Posted by David Bricker-Indiana on Friday, March 12, 2010 12:06 - 27 Comments    
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Using math to formulate sex offender laws

neighbors

A mathematical model is designed to help communities and policymakers focus on the spatial management of sex offenders and not mere punitive measures. “A lot of local policies are knee-jerk reactions,” Tony Grubesic says. “As a result, communities may actually expose themselves to a net-greater risk than in the absence of a law.” (Courtesy: iStockphoto)

INDIANA U. (US)—A new mathematical model could help communities that are in the midst of passing or reforming sex offender laws quantify risk and address issues of special concern.





The model is designed to help the policymakers of concerned communities focus on the spatial management of sex offenders and not mere punitive measures.

Researchers from Indiana University Bloomington and Arizona State University describe the model and report its first test in an “Early View” edition of Papers in Regional Science.

“We’ve taken a rigorous, quantitative approach that policymakers can implement,” says IU Bloomington geographer Tony Grubesic. “You can’t recommend one sex offender policy or management strategy over another with any sort of confidence if you don’t know how the proposed laws will play out in reality.”

Grubesic devised the model with Arizona State University geographer Alan Murray.

The model incorporates many of the pertinent variables addressed in popular sex offender laws, including housing restrictions, sensitive facilities, and individuals who might be considered the prey of sexual predators. By adjusting parameters and variables, model users can see how adjustments in a law would influence the position and density of sex offenders in a community.

There are three commonly used geographic strategies for managing sex offenders, all of which entail some type of housing restrictions. In general, residence restrictions prevent sex offenders from establishing a permanent residence within a specified distance (e.g. 1,000 ft.) from a sensitive facility, such as a school.

Dispersion ordinances seek to reduce neighborhood exposure to sex offenders by minimum distance at which the sex offenders may live or work relative to other sex offenders. The rationale behind saturation laws is similar to that of dispersion laws, except saturation laws focus on limiting the number of sex offenders who may live in a single residence, or within a pre-defined complex of residences or development.

While most U.S. states have residence restrictions in place, supplemental or increasingly punitive laws are often passed at the local level in the wake of tragedies. As a result, many laws tend to be focused on the isolation of offenders, to the exclusion of practical matters, like ensuring access to rehabilitation services or monitoring the unfair exposure of rural or exurban areas to higher concentrations of sex offender parolees.

“A lot of local policies are knee-jerk reactions,” Grubesic says. “As a result, communities may actually expose themselves to a net-greater risk than in the absence of a law, and that’s because there is very little empirical investigation into how these laws might impact communities before they are passed.”

A commonly reported story last year was the clustering of convicted sex offenders under the Julia Tuttle Causeway in Dade County, Fla. Laws that restrict the zones where sex offenders can live in the county (which includes Miami) were so vast that there were few, if any, places left for sex offenders to live.

Some might be tempted to disregard the sex offenders’ plight as fitting, if only because sex offenders are among the most reviled criminals in our society. But what of the law-abiding citizens who live near sex offender clusters? Are such residence restrictions fair to them? And aren’t sex offender parolees harder to track if they aren’t associated with a specific residence?

In recent years, states and local governments have enacted secondary laws to address these problems, with some success.

The model allows communities to see how different kinds of approaches to managing sex offenders work and to see how these approaches interact with each other in new and unexpected ways.

It also allows governments to demonstrate an intention of good faith—that they acted dispassionately to protect society-at-large, rather than pile on double-jeopardy-type punishments to sex offenders who have completed the terms of their sentences. Civil rights organizations, such as the ACLU, occasionally take up the causes of sex offenders in those situations.

“Our model allows communities to more definitively state that the laws were passed earnestly and in a transparent fashion—taking into account the various costs and benefits associated with different distributions of sex offenders,” Grubesic says.

Grubesic and Murray tested their model in Hamilton County, Ohio, chosen for its ongoing efforts to manage sex offenders and for its demographic diversity. The geographers demonstrated vastly different outcomes associated with a variety of hypothetical sex offender ordinances and their permutations.

By way of example, the researchers have shown that lawmakers could ostensibly look at the geographic results of each use of the model, and decide which risk management strategy best suits local values and needs.

Grubesic and Murray’s work is funded with grants from the National Science Foundation.

Indiana University news: http://newsinfo.iu.edu/

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27 Comments

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john
Mar 12, 2010 19:44

Well I guess time will be the test of whether something like this can deliver a better result or not. As long as the first priority is ALWAYS protecting children from molestation, I can’t see anyone having a problem with this.

Interesting point about the overexposure of rural areas to sex offenders, but I guess it was bound to happen if the offenders were forced out of highly populated urban areas.

VDog
Mar 12, 2010 21:30

Interesting. But the fact is, virtually every study done to date, including one done by the Dept. of Justice has shown that 1: SO’s have the lowest recidivism rate (13.4% for sex crimes) of all convicted felon except murder. The average amongst felons is over 46% 2: Residency restrictions and work place restrictions have absolutely no effect on recidivism , and 3: While the statement is always, as John said “protecting children from molestation” or “If we protect only one child…” the fact is the public registries recklessly endanger the lives of not only the offender, but his children, family, friends and work place associates. Do you have any idea what it’s like to see a friends child come home from school beaten within an inch of hi life because his mother (or father) is on the registry for something that did not even evolve a child?

Of course we still have not addressed the fact that 95% of all child abuse cases involve someone in their home such as a parent, relative, guardian or trusted friend or associate. A child is 1900% more likely to be assaulted in his own home than by a stranger, much less a person on the registry. He is 10,000 times more likely to be killed by a drunk driver. But attacking those issues is not as sexy and does not get the pandering politicians near enough sensationalist media exposure. Why address the real issues or really address child safety if it wont help get you elected?

Doug Y
Mar 13, 2010 7:11

Any sensible person will understand what a revolting crime this is. However, I don’t believe all sex offenders are child molesters. Right now I know a man falsely charged with two counts because he happened to be alone with a 13 year old girl. Regardless if he beats the charge, his life is forever ruined.
The local news stations ran a piece for several days claiming he confessed. He never did that. Now, people assume he is guilty, and he has never been to trial.
Of course his job is gone, he had to mortgage his house for legal fees and he is a pariah in the community.

This is such a serious offense, a man can never pay for his crime. Rather than put men back into society, it would be better to simply put them to death. Most will never again have a life. If not death, then prison camps for life, an island somewhere – any place except city neighborhoods.

LGW
Mar 13, 2010 9:24

Write all the “Tough On Crime” laws you want. They will not prevent anyone from committing a crime, if they are determined to do so. In fact, the harsh laws encourage the killing of a victim, because dead people cannot testify. Unless there is some kind of evidence to direct investigators to the Perp. So, how do you tell who might be dangerous? While nothing is 100 percent in this world, we must concentrate on the most dangerous.

1. The VIOLENT offender.

2. The REPEAT offender.

3. The offender who DID NOT KNOW their victim.

If you notice. The vast majority of these most heinous sexual assaults, fall into 1 or all three categories. We are wasting all the resources on the low to no risk while the predators are hiding in the registry.

This is so simple and so to the point! When people say, “Well, we can’t get rid of the register, what do you think we should do?” Answer, if we need a public register at all, and I truly don’t think the public has proven that they can handle it, then the only ones on it should be those that fell into the categories above!

The REAL danger to our society are the POLITICIANS who write all these laws while ignoring the Evidence Based Research” for VOTES! Oh yes, the entertainment news media who “EXPLOIT” and by doing so, also endanger our society for RATINGS. Nancy Grace, Bill O’Reilly and those of his kind.

Ann
Mar 18, 2010 1:43

Having a family member step over the line has catapalted this family into another world frame. In the area where we live, the crime must be publicized and the predator cannot occupy his own home. It is a degradation that does nothing to protect children in the community. We are as shocked as anyone at the behavior but the single occurence within the family has been followed up by short incarceration and intensive cognitive-behavioral training (at considerable expense). There is no consideration of circumstance, possibility of recidivism, age, health or history. We feel we no longer live in the land of the free. This is tragedy compounded.

Christian
Mar 22, 2010 15:46

In many sex offender cases the victim lives with or knows the offender, these cases should be managed in a way that take into account, the age of the victim, the circumstances of the case, the offenders history, and lastly likeliness to re-offend.

Cases involving predators offenders who stalk, kidnap, or engage luring, or similar activities should be managed in a different manner.

This would ensure proper use of protective resources and safeguard children more effectively. Any other answer is less based in protecting children and more in politics.

mark
Jun 18, 2010 17:45

To say the public registry is for safety is a joke. S.O. registration provides the general public to ridicule an individual based upon a situation that no one knows details of. Laws and statutes read very boldly & distinctly the charge which the individual was accused of & leaves no room for interpretation. A rapist is a rapist, period. He/she did not get charged with a rape, he/she IS a rapist. The same can be said for someone who molests a child, he/she is perceived as actively molesting children. It goes without saying an individual should & will pay the consequences for their inappropriate actions, especially those who commit crimes against children or elderly. But what happens when you have the 19 year old who goes out with friends, meets a young lady, they have sex, then has him arrested for rape? His family disowns him for his alleged actions, he serves two years of probation time and no jail time, his victim continues to see and speak to him after the fact, his record is cleared of everything except an arrest and he is now required to register as a sex offender?

Let me tell you, as I am the example listed above. Lost or ruined opportunities are the normal expectation. I am college educated and highly qualified for good paying jobs yet I can’t maintain a job because of a registry website which implies I will sexually assault someone. I am left with almost no alternatives to make life good for myself because every time I start moving forward someone happens to find information on a registry and proceeds to ruin any chance of moving forward. I am ridiculed by peers even though they may know more details of the situation because the registry implied I am a convicted s.o. I am treated as an outlier everywhere I go in my town yet when I pass by the complaintant on the street she is more than willing to stop and chat. What does a person do then?

Protect our kids, elders, and all the in-between from such disgusting acts. But the lawmakers should consider not listing someone who now realizes he is not a rapist and has done everything possible to show he is a productive member of society, but society has dubbed him a title that he cannot escape because of a website meant to promote safety and reduce ricidivism.

Sue
Jun 25, 2010 15:05

I agree wholeheartedly with all of the above comments. I am engaged to a register SO. The state has made or lives miserable. Now they even say we are not allowed to have a normal church wedding because children will be attending. We are devoted Christians and wouldn’t feel right doing it any other way. I support my soon-to-be husband 100%. Yes he admits he was wrong in his actions, but it was with a teenager who was already sexually active and lived in his home. He isn’t a danger to anyone. I will just boldly and prayerful stand thru all of this in hopes that some day he will have a little bit of self dignity restored.

Joe
Aug 15, 2010 12:24

I could not agree more with the above comments on the need to re-think and re-calibrate the SOR. My son was convicted of a misdemeanor for having text exchanges with a law enforcement officer, posing as a sexually active 15 year old who initiated the contact in an adult chat room and persistently pursued the conversations. While I don’t approve of the conversations at all, I was still shocked to learn that even though he rejected a plea to travel and meet with “her” in person, told “her” the conversations were disgusting, and ended the thread — a law was broken. The officer called him and told him that even though he knew that my son would not have done anything, he had technically broken a law related to the use of the Internet and conversing with a minor.

He accepted a misdemeanor plea in order to avoid any media frenzy, and a public airing in court, standing before a judge who asked the prosecutor to reduce the charge or drop it because he did not deserve it, and when the prosecutor refused, stated that he hated the law and the consequence he would be required to impose.

My son, who was required as part of the process to undergo an array of psychological tests and passed them all, is now on the list for 10 years for making one bad decision even though he made all the right decisions when it counted most and is not a threat to anyone.

Though it has not been discussed here, another part of this hyped up issue is the free pass being given to law enforcement officers who are experts at luring over the Internet and protected by laws which disallow a defense based on entrapment regardless of how the conversation may have evolved. i always thought the courts were also there to protect us from the over-reach of law enforcement, especially when someone is aggressively lured into a criminal situation that he/she would otherwise commit.

I cannot help but wonder how many others out there are in this situation or will soon find themselves in it, their lives potentially destroyed for years while real threats to our communities and children are lost in the fog of numbers that don’t tell the real story.

Valigator
Nov 10, 2010 7:25

Ahh I see the sex offenders and or their advocates found this one also. If I hear the word “empirical data” one more time I think I’ll throw up. To have these “researchers” throw all the numbers in the same pot , stir and come up with some momentous conclusion is as good as adding 1+1 equals 17. It doesn’t work that way. Each state must determine for itself what is appropriate and what is not. If Florida has upwards of 70 thousand sex offenders and Iowa has 5000, the numbers aren’t going to be the same and neither should the residency restrictions. Sanctuary cities have an inordinate amount of convicted felons who by all rights shouldn’t be on U.S soil, which in turn take up footage for American citizens, even if those citizens are sex offenders. Cities with large industrial areas where offenders can find work, have an inordinate amount of offenders in relation to the population. States with warmer weather are draws for offenders, especially in winter months. Cities with a large amount of “affordable housing” are draws for offenders looking for residency. Why should those cities have more offenders per populace than more wealthy single family housing? Now the icing on the cake! Why should families in states who are in dire financial straights who have early release, no funds for therapy be exposed to dangerous felons at a higher rate for no other reason than budget constraints? Why are families exposed at greater risk because states like Florida have a “wet foot-dry foot” policy on accepting anyone who floats up on their shores with no status of “criminal history”? If Castro can open his prisons and “allow” refugees to leave for greener pastures and those “greener pastures” such as Florida, welcomes them with open arms “Jimmy Ryce’s murderer” as an example, then Grubesic and Murray better go back to school and relearn their math!

Valigator
Nov 10, 2010 8:15

Mark- “To say the public registry is for safety is a joke”
Only offenders use that argument, the SOR was never touted to save anyone! It is a{ tool} for families to be made aware of those who have been convicted for sexually based crimes! Sex offenders love to ping pong that one around, you get no points.

Joe-”My son was convicted of a misdemeanor for having text exchanges with a law enforcement officer, posing as a sexually active 15 year old who initiated the contact in an adult chat room and persistently pursued the conversations.” Joe you should have had this conversation with your boy long before his conviction. I’ll bet you had a lengther talk between the two of you about when he could get his drivers license?Millions of dollars are allotted for chat takedowns No points for you.

Vdog- “you still wearing that ankle bracelet? “But the fact is, virtually every study done to date, including one done by the Dept. of Justice has shown that 1: SO’s have the lowest recidivism rate”
Ahh one of my personal favorites, just who I am gonna bank on the Department of justice! the DOJ is a self serving government agency who offenders love to quote as being the word of God! The DOJ doesnt want to house, feed, or bury sex offenders, so in their infinite wisdom they “condition” the public” to let them live among us all the while releasing figures or making “false statements which offenders jump onto like roadkill” tell me Vdog, is the low recidivism rate based on convictions or actual victims before they are caught? No points for you.

Sue-”I support my soon-to-be husband 100%. Yes he admits he was wrong in his actions, but it was with a teenager who was already sexually active and lived in his home” A teenager already sexually active, Sue? I take that has you consider her a slut and since your “not so bright finace’ only tapped what was there for the taking right Sue? You Sue, are in for a world of future hurt, if the man your basing the rest of your life with cant determine what can effectively turn his world inside out for the sole purpose of “getting off” I dont hold much hope for your upcoming nuptials. Perhaps you should get a hold of the court transcripts before the infamous “I do’s”..points off for you Sue.

Christian- “In many sex offender cases the victim lives with or knows the offender, these cases should be managed in a way that take into account, the age of the victim, the circumstances of the case, the offenders history, and lastly likeliness to re-offend.
Cases involving predators offenders who stalk, kidnap, or engage luring, or similar activities should be managed in a different manner.
I got news for you, Juan Carlos Chevez “Jimmy Ryce’s killer had watched this child prior to kidnapping him, Offenders who watch a child everyday consider that child “someone he knows”..and just who are we gonna trust to categorize or assign threat levels to offenders?? Some state-funded voodoo doctor who just coincidentally assigns “lower threat levels as budgets get tighter? Threat levels are directly proportionate to oversight, less money less oversight, a real miracle there..I doubt the public will take that to the bank considering level 1′s are being re-arrested at all time highs…no points for you!

Valigator
Nov 10, 2010 8:34

For all you readers who stumble on this forum, just be made aware, offender groups gravitate to these forums attempting to change the tide of opinions on registries and or sex offenders. They want you to think that this designation could happen to anybody., that most sex offenders are really good guys who got taken down for peeing on a bush or underage consensual sex..DONT FALL for IT…most of the posters on this issue should be sitting in a cell… not having Internet access to try and convince the average reader they got a RAW DEAL. If the truth be told and the court-transcripts were actually available to read, the average family would be appalled at what is being released back out onto our streets to feed. Don’t ever take the word of an offender who describes his conviction!!!! Look at the transcripts for the truth. Offenders and their advocates actually teach other offenders how to minimize their crimes to obtain jobs and or housing. They actually have websites to alert offenders to post on certain forums posing as soccer moms, police officers, family members and even “victims” to minimize the danger to the public…DONT FALL FOR IT!..Use the Registry, its there for a reason, to ALERT YOU, not SAVE YOU, that you will have to do yourselves, by mandating longer sentences, harsher repercussions against those who would chew your children up on any given afternoon and not think twice about it.. OFFENDERS are opportunist, they are on a full fledged mission to remain anonymous to an unsuspecting public that opens the doors to more opportunities. Our society has already lived in a world with no REGISTRY, you remember that didn’t work out so well for us did it? Whatever issue the registry has, it was far worse without it…

Valigator
Nov 10, 2010 9:18

Ann-Having a family member step over the line has catapalted this family into another world frame.

Now this one I find interesting because of the various dynamics of the situation that you left out.
Now the registry is the “holy Grail of all things evil because a member of your family found themselves on it??? I would venture that every registrant didn’t somehow fall down from the sky and has no family affiliations what so ever, in fact if I may be so bold, I would say every sex offender listed has family members somewhere, that doesn’t make the registry an unfair, unconstitutional tool to be eliminated. Do not think that my sympathies do not lie with families of SO’s . I am sure to wake up one day and find a member of your family has transgressed to a crime considered so vile by society as to be put under restraints as dictated by laws must be humiliating. That does not sway the issue or diminish the intent of the registry.
The registry is being fine tuned every year in every state. One is very hard pressed to find persons being convicted of “consensual sex” with willing partners these days. Every state has their version of Romeo Laws now in place, to find that scenario in any recent convictions is practically moot.. If you have an issue with Your states “Romeo” interpretations, then take it up with the state “not the registry” If your family member has been convicted for that crime, then families do need to ban together and have the ability to petition off the registry at once. But do not think for a moment that throwing “the baby out with the bathwater” is a solution for those convicted of sexually based crimes. The public wont stand for it.
Also do not think for a moment if an adult who abuses his own child in the same household will be held to a lessor degree of scrutiny due to the “breakup of the family” consequences, those are the offenders who need the greatest scrutiny..due to the very real aspect that if they had no qualms about abusing their own children? They certainly wouldn’t think twice about abusing mine!

Valigator
Nov 10, 2010 9:50

LGW-Write all the “Tough On Crime” laws you want. They will not prevent anyone from committing a crime, if they are determined to do so. In fact, the harsh laws encourage the killing of a victim, because dead people cannot testify.
LGW is a Tulsa, OK. offender who loves to threaten “if society doesn’t loosen the restrictions on sex offenders, they have no other incentive than to kill their victims”..Its his favorite forum topic.
LGW is an example of one of those offenders who should be behind bars, not available to utilize the Internet for chit chat….think about it? LGW touts on an ongoing basis, “we will kill your children if society doesn’t loosen the leash”!..LGW is about as dangerous as an example of offenders walking our streets as one can get, yet he is here! He is someones neighbor, someones son, and the poster child for why offenders are their own worst enemies…any freak who would come onto a public forum and advocate for less stringent laws against offenders due to the idea that “offenders will kill their victims otherwise”? is exactly why the majority of offenders should be watched “like bugs under glass”…I don’t give LGW much time on the outside, in fact I have money he may very well end up with a needle stuck in his arm..

Damian
Dec 7, 2010 18:33

Hey Val, NOONE cares what your old, gun-toting, shoot first-ask questions later ass thinks. You have nothing to offer accept your Opinion. You believe because you scream the loudest and type the most comments, people will “side” with you. You want to “keep the tide going in the right direction”. Fine, fine. I don’t know about you, but I’ld rather have a sex offender who had sex with an underage GF living next door, that a deranged mad woman, who thinks it’s ok to pull her gun on an Unarmed sex offender, simply because he disagrees with her HARASSMENT. Geez, Val, looks like we ALL have skeletons in our closets don’t we? Look up Valerie Parkhurst (valigator), and HER police record. Good look with your crusade, Val.

Valigator
Dec 8, 2010 9:35

Thanks for the free publicity, I hope people will look me up and verify that I have littel use for guys like you that cant keep their zippers up around women and children..and have the guts to put my money and my reputation where my mouth is…I hope they find my petitions to politicians and my child advocacy sites…thanks again for that..it saves me the trouble and having sex offenders like yourself market a my stance really saves me some time..Its appreciated more than you know…Oh and the “gun-toting” glad you remembered that, try and not forget it..

Now you have that typical sex offender mindset..”Look up Valerie Parkhurst” like thats a big deal..Damian if ya got nothin to hide or be ashamed of son..and stand firm on your belief’s then posting a persons real name isnt a problem..but in your head you think your post is some form of “out” that gives you an advantage??? Never quite understood why sex offenders think that some form of “win” on their part..ahhh ..but I digress…where was I?
Oh the infamous Julia Tuttle comparison..always love this one.. states of California, New York, Texas, Florida, Arizona, Illinois have the highest ratio of sex offenders to the general population. California is No. 1 in sexual crimes committed by illegal immigrants. So what may work in the backwoods of Idaho has no bearing on these previously mentioned states and these States must have different solutions (stronger immigration enforcement) (longer sentences) and harsher repercussions than our above “mathrats” solutions….Damian, I wont be with you forever son, better learn from me while ya can..
scream the loudest !!!! You better believe it…when you freaks quite using our kids to get off, I’ll lower the volume…

Valigator
Dec 8, 2010 10:13

Damian..Is this one of your buddie’s?
http://blogs.sfweekly.com/thesnitch/2010/12/sex_offender_rapes_two_year_old_dollar_store.php

Excerpt: Well, it doesn’t get much more horrifying than this.According to news reports, the child’s aunt and grandmother had wandered away for less than a minute to the store’s Christmas section to return a ribbon when 36-year-old Eugene Melendres Ramos grabbed the toddler. Police say he began sexually assaulting the girl in the next aisle until the grandmother came upon a horrific situation: Ramos sexually assaulting the toddler with her pants and diaper removed.

Sex offenders love to distance themselves from guys like Ramos, but the truth be told? There are far more “Ramo’s” out there than Guys who got caught with underage girlfriends” And until the “System” gets off their backsides and keeps a tighter collar and shorter leash on these freaks, CONSIDER THEM ALL DANGEROUS! So Damian? Tell the good people what your crime was??? If you think you didnt do anything that bad and that your overpunished and unfairly treated by society…go ahead tell spill your guts…then watch how I take your version of the events to the bank…Give us your full name and DOC correction number with a link to the court transcripts ??? Offenders all lie…and want the public to think they Pee’d on a bush…c’mon Damian..tell us what landed you on the “LIST”…thats why you hate me so much..due to the fact if you were honest and not under some BS screen name, people would throw rocks at you..and wonder why you arent sitting in a cell..

Damian Garcia
Mar 30, 2011 20:06

Oh Val, what can I say, you are a character. Let me respond as clearly as possibly can to you last rant. What was my crime? Lewd/lascivious battery on a minor under 16. My name? Damian Garcia, but you already know that. My DOC number? W-18429. Court transcripts? Can’t help you there, I have my copies, if you’ld like, you can purchase a copy from the court house, unless the price the price has changed, it should be around $42. Bullshit screen name? Come on Val, I’ve always posted under my name. In fact, aren’t YOU the one that goes by “Valigator” (gives me shivers just typing it!). Now, if your interested in my account of what happened? I had SEX with a 15yr old girl when I was 18. Read the transcripts- I was born in 1982, and commited my crime in 2000. Did she lie about her age? Yes (said she was 17). Did I force, coerce, or manipulate her IN ANY WAY? No, actually, the sex was her idea. Did I try to dissuade her about having sex? Yes, for about 20 minutes or so I repeatedly told her this was a bad idea and that we shouldn’t rush things. Now, if YOU, valigator, have an honest bone in your body, please, please, pull my transcripts and tell me I’m lieing! Take me to task Val, PLEASE. You can’t Val, my transcripts are proof that what I just said is true (even the Prosecution admits this is an R&J case). Now I didn’t have to open myself up as I have, publicly, but if my name is in question, I will defend it. But it’s ok, you’ll either come back and lie (every sex offender, regardless of circumstance, is the son of the devil), or you’ll focus on some trivial matter, like my MISDEMEANOR pot possesion charge from when I was 17. What do you have left Val? I laid it all out like you asked. So please, take me to task? You can’t, but good luck trying.

Valigator
Dec 7, 2011 9:44

Actually I did more than pull your transcripts Damian and you are no Romeo..in fact your “handlers” consider you a real piece of work, combative, defiant and a high risk to be involved in another crime.

Seems you have no allies on either side of the isle…kid, probably best you keep your head down and do what your told..

Damian Garcia
Dec 7, 2011 12:38

Hey Val- wow, I can’t believe your old @ss is still with us. As far as my handlers, I again have know clue what you’re talking about. Are you talking about the therapist who completely agreed that I pose “the lowest chance of reoffending, who poses little to no risk whatsover”, or the probation officer who was subsequently FIRED after I called her on one lie after another in open court? Even the JUDGE couldn’t believe audacity. There is alot more to my story than you’ll find in anyones little notebook. With that being said, I did what I had to do to stay out of jail. That means I was in and out of court more than Ild have liked. I’m combative and defiant because I REFUSED to be walked over by the probationers and their little power trips. Let’s be clear: my attorney got me out of jail, then I took over my defense. I filed 11 motions (including the one for early termination of probation) and WON 10 of the 11. The one I lost? Removal, but I have a game plan for that too. So, if me standing up for my rights, in a legal fashion btw, makes me “combative and defiant”, so be it. Of course they think I’m “high risk to commit another crime”, I wouldn’t lie down like a doormat for them, and they can’t handle that. But Val, think about this for a minute: after openly ADMITTING that I committed my crime, followed by not one, but TWO VOP’s, how is it that I still got a withhold of adjudication?No friends, no one on my side? You have no clue what “powers that be” I have stashed away, and when the time is right, they’re gonna come out. No points Val.

Damian Garcia
Dec 7, 2011 13:09

Oh- as far as new crimes Val, it’s been nearly 12 years now: no new crimes. I’m all about bettering myself today. My wife and I just recently had our first child. I quit drinking AND smoking. I’m working full time and love what I do. Now I’m thinking about going back to school. That’s what I’m about today Val- sorry to disappoint you.

Valigator
Dec 7, 2011 13:44

congratulations Damian on your new wife and new baby..now you will truly understand what it will take to keep them safe..you didn’t disappoint me I am glad you moved on…

Damian Garcia
Dec 7, 2011 15:11

Thank you Val, I work hard to be the best I can be at whatever I’m doing. You know, you and I don’t have to be enemies (we don’t have to be friends either). I just need you to understand a few things: 1) I am NOT against the registry. I’m am against putting people on the registry who pose little to know threat on there. I believe that once a person has CLEARLY demonstrate they weren’t or are no longer a threat, (through therapy, rehab, proof of stable work and living conditions, documented support from family friends and employers and most importantly, no new crimes over a period of time), they should be removed. I don’t even have a problem with my ORIGINAL registration. I AGREED to register for 10 years, as was the law at that time. My issue is 6 years later (2006), in comes the AWA, stating I NOW have to register for 25 years. I NEVER agreed to that! It also leaves me with no recourse for removal. There are certainly devious individuals who want be removed so they can go back to criminal behavior under the radar. I imagine though, there are counltless others like myself, who simply want the ability to support and take care of their families. Anyone who knows me knows I can care less what ANYONE thinks of me, but don’t tell me I can’t the job that I’m more than qualified for, becuase of something that has no relevance whatsoever. Don’t tell me I can’t buy this house becuase it’s 999ft from an elementary school, when even my crime shows I have no interest in 3rd graders (never have, never will). My son gets bullied or bullies someone else at school, and I, as his father can’t go and deal with it?!? That’s what bothers me Val. All I’m saying is let the punishment fit the crime. My wife and I have been together since way back when I was still on probation. She’s been to court with me, she’s reported to probation with me (were they “card” her, because I guess they think I’m stupid enough to bring a minor with me to report). So she know the WHOLE story, she’s watched it play put in front of her, and seen how it’s affected me and US. Not everyone should be removed, and having a wife and child, I certainly agree society needs to be protected from the TRULY sexually deviant. Problem is, we’ve made the list SO expansive, just about anyone could end up on it, and removal is like a snowballs chance in hell. That, and Valerie, not everyone with a Latin last name is a spic illegal. Personally, I was born and raised here, I support closing the borders and am against “wet foot/dry foot”. My familie came here legally close to 50 years ago, and we are embarrassed by the constant barrage of illegals. You and I are more alike than you think. Again, thank you for the compliment, but I haven’t moved on, I just wasn’t a problem to begin with (not the way the registry makes me out to be).

Valigator
Dec 7, 2011 17:26

There isn’t one aspect of your post I disagree with ..Not one, I am proud of ya kid..just stay away from offender forums..(unless your specific to an argument) and include what you just included here..Your aligning yourself with people you have no knowledge of.. Thats never a good thing,, there are plenty of us who are fighting for what you need, that’s how the Romeo legislation got passed..it wasn’t done by sex offenders, it was done by people like me and others who knew the registration process was eventually going to implode..Keep fighting the good fight Damian..the petitioning process is speeding up and the pendulum will swing the other way, knowing the state they will screw that up also .
Take Care of yourself and your family..

Damian Garcia
Dec 7, 2011 18:57

Ok Val, now I HAVE to ask- has someone stolen your identity? This morning you said that I’m “no Romeo”, “deviant, combative and likely to commit another crime”, now, suddenly, YOU are being fair and balanced?!? If this is the REAL Valigator, go ahead and email me (yes, you have my email address). Sorry to doubt you, but this is EXTRAORDINARILY
out of character for you. Nonetheless, I wish you and yours the same.

Damian Garcia
Dec 8, 2011 16:21

Hey Val- Almost forgot-if what you said in your last post is true, then thank you. There are alot of bad guys on that list, but there are a number of decent guys who truly don’t deserve to be in the same category. There are alot of people out there (and this is true even beyond the registry) who have “accidently” commited their crimes. For myself, I didn’t intend to molest a child: I thought I was dealing with someone a year younger than myself! You have the good Samaritan, who tries to help someone in a car accident, suddenly they’re being sued by the victims family. There are documented cases of people downloading music or video files (unbeknownst to them, the files are encrypted with child porn), next thing you know, SWAT is tearing down your door for something you didn’t even know you had! I PERSONALLY know a poor guy who was given 10 YEARS in prison for 2 photos (5 years per photo). He was 19 when he went in (I read his transcripts). Now, I’m not condoning CP, not in anyway, but when you get more time for something you didn’t even know you had, than I guy who actually HAS SEX with their “victim” (I’m refering to myself), there is something very wrong with that scenario. And yes, especially if you’re not very tech-savvy, it’s VERY easy to get things on your computer without even knowing it’s there. To all of you out there- cross your T’s and dot your I’s when it comes to the internet. The expression “better safe than sorry” has never had such a strong significance. Guys- if you’re over 18, don’t date someone under 18- an ALLEGATION is all that’s needed, and Ladies- don’t pretend to be older than you really are, soon enough you’ll be pretending to be younger (lol). Good day and Happy Holidays to all!

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Jan 28, 2012 0:10

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