Tuesday, January 22, 2013

Sex Offender Laws: Collateral Consequences - Killings and Murders

UPDATE Reader Req. 1-23:
Figure 1b: Deaths by U.S. Regions


December 2012:

Introduction:
Our specialty, what Lawmakers have ignored. Collateral consequences of their laws. So far 432 deaths without counting suicides and related deaths, and we are still counting!

Sex offender laws! The cry, protect the public! Lawmakers fail to consider the collateral consequences of their laws before enacting them. Protecting the public should not mean excluding prior sex offenders, and their families, which may well be further punishment. Today's sex offender laws place former offenders, no matter what their offense level was, at a greater risk of being killed or murdered. We have documented when that has occurred, 432 times!

Changing burdensome laws, politicians and the media, all voices behind growing incidents of violence towards former sex offenders. These voices unknowingly manipulate the public into a -nongovernmental force- mind-set seeded by "sex offender" (like now defunct CIA mind control experiments). The public then declares war on those labeled "sex offender" in ways that disorder their lives, and makes lives a burden often dangerous. Many are driven over the edge. All a grand scheme to evade constitutional protections? Constant media and political attention influences the public? We believe so! Now our research. Readers can form their own opinions!

Daily we reviewed news articles for reports of deaths, suicides and vigilantism related to sex offenders or offenses, documenting those in our blogs. We do believe there are many more articles not published. In addition, folks close to our project alert us to those they find. Frequently we gather more than one, and other credible sources, so we have as complete a story as possible in our blogs. It is important that readers understand our definitions they are all explained in our definitions section (link below).

We must point out that, to our knowledge there is no other research which has delved into this topic, especially with so many unknowns and limitations. Given the uncharted waters of this research we hope it is instrumental and influential for future researchers with similar aims. This report comes with a caveat, traditional norms and definitions may not apply, nor reveal subtle nuances specific to this population. Some may dismiss or distinguish these nuances, but an open mind is necessary in uncharted waters.

List of Sections and Tables:

Definitions:

Reports Generated from our Harm Blogs
I) Murders and Killings of RSOs and SOsII) Suicides of RSOs and SOs
III) Related Deaths: Folks Associated w/RSO/SOsIV) Vigilantism: Subtle to Severe.

Each of these four reports will be released separately. Today we start with those killed or murdered (See Definitions for distinctions):



Report-I Murders and Killings of RSOs and SOs

This report essentially covers 1991 through 2012 during which we have documented 432 deaths. Death by natural causes and death penalty cases are not included. Using news articles, a RSO or SO accused must have died, no matter what the cause of death.

Figure-1: Complete Database of Deaths
 RSOsSO Acc.
Reg. Sex Off.304-
Reg. Sex Off. Acc.20-
Reg. Sex Off. Acc. but Innocent2-
Sex Off. Acc.-87
Sex Off. Acc. but Innocent-19
Total:  432 (100%)326 (75.5%)106 (24.5%)

Figure-1a: States w/Deaths and No. of Deaths:
Calif. (75)Florida (30)Texas (29)So. Carolina (18)Ohio (17)
Washington (16)Illinois (15)Michigan (14)New York (14)Georgia (13)
No. Carolina (13)Colorado (12)Indiana (12)Maryland (11)Arizona (10)
Virginia (9)Maine (8)Penn. (8)Alabama (7)Arkansas (8)
Oregon (7)Mass. (6)Nevada (6)Utah (6)West Virginia (6)
Wisconsin (6)Kansas (5)Missouri (5)New Jersey (5)Oklahoma (5)
New Mexico (4)Tennessee (4)Delaware (3)Idaho (3)Kentucky (3)
Louisiana (3)Minnesota (3)Mississippi (3)Connecticut (2)Iowa (2)
Montana (2)New Hampshire (2)Nebraska (1)So. Dakota (1)


Figure-1b: Deaths by U.S. Census Bureau Regions:
Region Northeast10.4%45 Deaths Total
18Division: New EnglandMaine(8), New Hampshire(2), Vermont(0), Massachusetts(6), Rhode Island(0), Connecticut(2)
29Division: Mid-AtlanticNew York(14), Pennsylvania(8), New Jersey(5)--
 
Region Midwest18.8%81 Deaths Total
64Division: East No. CentralWisconsin(6), Michigan(14), Illinois(15), Indiana(12), Ohio(17)
17Division: West No. CentralMissouri(5), North Dakota(0), South Dakota(1), Nebraska(1), Kansas(5), Minnesota(3), Iowa(2)
 
Region South38.2%165 Deaths Total
103Division: So. AtlanticDelaware(3), Maryland(11), District of Columbia(0), Virginia(9), West Virginia(6), North Carolina(13), South Carolina(18), Georgia(13), Florida(30)
17Division: East So. CentralKentucky(3), Tennessee(4), Mississippi(3), Alabama(7)-
45Division: West So. CentralOklahoma(5), Texas(29), Arkansas(8), Louisiana(3)
 
Region West32.6%141 Deaths Total
43Division: MountainIdaho(3), Montana(2), Wyoming(0), Nevada(6), Utah(6), Colorado(12), Arizona(10), New Mexico(4)
98Division: PacificAlaska(0), Washington(16), Oregon(7), California(75), Hawaii(0)
 
Totals:100%432 Total Deaths--
States with NO Deaths: Vermont, Rhode Island, North Dakota, District of Columbia, Wyoming, Hawaii.


SECTION: Status Based Murders:


Status Based Deaths:
This is the focus of our work. Deciding if RSOs or SOs were targeted because of being a RSO or SO (their status). Indeed we are trying to get into the mind of the perpetrator, using article facts, and discover why they targeted that person. Out of 432 deaths we found 36 (8.3%) were murdered because of their status, in the community or jails and prisons (Table-1). For a FULL explanation of how we make a decision as to whether a case is a Status Based case: see HERE

The above cases were the ones -which had proof- that fit our outline for what is a status based murder case. With that said, there are several others which we feel fit our definition, but lack the essential proof we seek. As folks will see in a later report there are many more cases of status based vigilantism than there are status based murders. One potentially could have caused the deaths of not only sex offenders but the rest of the folks living in that apartment building. See the case of Lawrence Trant. Then there is a Tennessee case of a SO Accused who was in jail awaiting prosecution, and his close by neighbors who set fire to his home, his wife was in there and died. Status based other death? There will always be cases that we have a hard time deciding.

Table-1
Status Based Deaths

Status Based:CommunityStateJails/PrisonsState
Reg. Sex Offenders16WA(4), ME(2), MI(2), CA(2), AZ, IN, MS, NV, TX, UT15CA(5), FL(2), IN(2), TX(2), GA, MA, OH, VA
Sex Offenders Acc.4WA, FL(2), NY1CA
Total = 36 (8.3%)2016
State Totals: CA(8), WA(5), FL(4), IN(3), TX(3), ME(2), MI(2), 1 Each: AZ, GA, MA, MS, NY, NV, OH, UT, VA


Table-1a
Apparent Motivation / Method for Status Based Deaths:

Apparent Motivation / Method:CommunityJails & Prisons
Hatred of sex offenders: 47.2%5 (TX, MS, UT, IN, AZ)12# (CA-4**, IN-2, FL-2, 1 each MA, VA, GA, OH)
Registry used to find sex offenders: 22.2%8 (WA-4, ME-2, CA-2)
Belief person was a sex offender: 13.8%4 (WA, FL-2, NY)1 CA
Status revealed by prison guards: 8.3%TX-2, CA-1
Circumstances of murder indicate hatred for RSOs: 5.5%MI-2
Status revealed by home address check officer: 2.7%1 (NV)
Total: 362016
(#) In 8 of the 12 cases RSOs were cellmates of previously convicted murderers; (**) In one case a previously convicted murder killed his RSO cellmate, the prison then AGAIN housed him with another RSO which he also killed.

Now, as best we know this is the first time there has been a review of a significant number of cases which sought proof of Status Based targeting of sex offenders. So we thought it best to identify those who have murdered RSOs and SOs. See Tables 2-3 which show who, and links to the stories of their crimes.

Table-2
Status Based Murderers: RSO/SO Deaths in the Community:

Patrick Drum (2)(WA-12)(28/56)Stephen A Marshall (2)(ME-06)(24/57)
Michael Anthony Mullen (2)(WA-05)(49/68) Danny Grammer (1)(TX-10)(20)
William Inmon (1+) (AZ-07)(72)Kenneth Payne (1)(NY-09)(42)
Ivan Garcia Oliver (1)(CA-07)(67)Alexander James Letkemann & Jean Pierre Orlewicz (1)(MI-07)(26)
Jeremiah Brown (1)(IN-04)(54)Henry Lee Craig (1)(MS-09)(65)
Michael Garay & Robert Pascale (1)(FL-12)(79)George Casanova (1)(NV-10)(30)
Vigilante (1)(CA-09)(75)Vigilante (1)(UT-05)(40)
 Vigilante (1)(MI-09)(65)
Angela King; William Barry; Justin Mahaffey; and a 17-year-old suspect. (1)(WA-12)(51)Christopher Kubiak (1)(FL-12)(33)
Format: Name of murderer (w/No. Murdered)(State-Year)(Victim Ages)

Table-3
Status Based Murderers: RSO/SO Deaths in Jails and Prisons:

John Joseph Lydon (2)(CA-04 and 10)(49/60)Christopher Lunz (1)(FL-09)(43)
Brian Richardson (1)(GA-07)(59) Dewey Keith Venable (1)(VA-04)(64)
Joseph W. Brown (1)(IN-11)(62)Ricky Silva (1)(FL-09)(49)
3 Prison Vigilantes (1)(CA-03)(43)Rick Henry Kase (1)(CA-07)(28)
Joseph L. Druce (1)(MA-03)(65)James Porter (1)(TX-05)(40)
Clay M Howard and Paul M Rayle (1)(IN-07)(44)Timothy Hancock (1)(OH-00)(25)
Robert James Deffenbaugh; Frank George Barbosa; Jack Stewart Woller; Reggie Allan Bullock, Jr.; Johnnie Dalerae Johnson. (1)(CA-05)(45)Four prison employees & inmate (1)(TX-06)(20)
Garret Eugene Aguilar; Jared Louis Petrovich; Miguel Angel Guillen; Raul Villafana; Stephen Paul Carlstrom; Michael Stewart Garten; Christopher Teague; Jeremy Dezso Culmann; Eric Charles Miller. (1)(CA-06)(41) 
Format: Name of murderer (w/No. Murdered)(State-Year)(Victim Ages)

There are 16 states that had one or more status based murders, with California, Florida and Washington state having the highest numbers. Washington had two different incidents where two RSOs were murdered by single perpetrator in each incident, and Maine had one such incident. Of the 36 Status Based cases 30% of the victims were 60 years old or older.

Lawmakers need to significantly strengthen registry WARNINGS and possibly issue a periodic public statement against harming of registrants and their families. In addition, of the cases that were resolved it seems the punishment needs to be reviewed, especially since Status Based cases are effectively pre-meditated murder crimes.



SECTION: Case Classifications:

---- The "WHO"/"HOW" the Deaths of RSOs and SOs Occurred? ----
Case Classification / Victim (RSO/SO) Relationships

Now we look at the 432 deaths from the perspective of "WHO" or "HOW" the deaths were caused. Earlier we talked about "Status Based" cases and they will be included here, in the section appropriate to "WHO" killed them. To see these stories click on the appropriate Tag: "Who Caused Deaths" found on the right side of the Murders blog. With that said:

Deaths Caused -by or during- an incident with Public Servants:
There were 95 deaths caused during an incident with law enforcement; 22% of all deaths. Status Based cases above are not included here. Since these 95 cases (22%) roughly a quarter of all deaths, they warranted a closer look; all occurred in the community.

Caution: It is imperative that folks study the four tables before simply concluding the police were responsible. Notice, there were outstanding warrants, alleged sex and other crimes committed, armed robbery, home invasions, etc., all by these RSOs/SOs. However, one has to wonder why 14 of the RSO/SOs apparently committed suicide (Suicide-by-Cop), what is influencing and pushing them over the edge?

Table-4
RSO/SO Deaths by Public Servants:
RSOsRSOs AccusedSO AccusedSO Acc. but Innocent
45 (47.4%)11 (11.6%)38 (40%)1 (1%)
Deaths in 31 States and No. of Deaths: CA-13, TX-11, FL-9, SC-5, 4 Each: MI, OH, NV, AZ, 3 Each: VA, KS, CO, OR, NC, NY, GA, 2 Each: AR, ID, AL, WA, 1 Each: NE, AZ, MD, MS, NJ, NM, IA, UT, MO, WV, PA, OK
Table-4a
Interaction w/Police Appears to have Begun With:

Warrants (31)*Alleged Sex Crime (20)*Other Crimes (16)
Traffic Stops (7)911 Calls (7)Domestic (5)
Gang Related (3)Armed Robbery (2)Home Break in (2)
Address Check (1)False Sex Crime Rpt (1) 
* = Some articles mentioned "warrants" and others "alleged sex crimes" we distinguished between them (31/20). There was no way we could know what the warrants were for.

      Table-4b Was the RSO/SO Armed w/Weapon?
  • In 52 cases the RSO/SO had a gun;
  • In 21 cases the RSO/SO did not have a gun;
  • In 17 cases the RSO/SO had another kind of weapon (deadly force questionable);
  • Cannot determine in the remaining cases.

      Table-4c Cases with "incidents" worth mentioning:
  • Family mentioned RSO could not get a job (1)
  • Suicide by Cop cases (14)
  • 70 year old shot 27 times (1)
  • RSO Murdered, Officer arrested (1)
  • False sexual assault report (1)
  • Accused Officer denied police funeral (1)
  • Innocent Others Killed: Police(5) Civilians(4) See Table-BB (below)

Fourteen cases had facts indicating "Suicide by Cop," RSO/SOs in society who are ready and willing to resist going back into the system! There is no doubt todays laws are affecting former sex offenders driving them beyond what humans should endure.


Deaths Caused in Cases tagged "by Vigilantes":
There were 84 deaths caused by vigilantes; 19.4% of all deaths. Note: We tag a case "Vigilante" if a case is not solved (see Def. above for reasoning). So, strictly speaking these are -temporarily / permanently- unsolved cases?

Table-5
Deaths Caused by :Tag "by Vigilantes":
Case Classification:Comment:
by Vigilantes (55)These are unsolved cases as of this report. Unsolved cases have not been reviewed like the 'captured' below have been.
  
by Vigilantes Captured (29).These are cases which started as unsolved, and the police have since ID'ed, arrested and/or convicted someone for the death of the RSO/SO.


A review of the 29 cases Tagged "Vigilante Captured" revealed, "Status Related (10)," "Robbery of the RSO/SO (5)," some form of "Argument (4)," and "Domestic Dispute (4)" with the person they lived with. Currently we are not going to re-tag these cases because some of the cases have not finished processing through the judicial system. This will be a constant problem with cases where the perpetrator is not caught for a period of time following the death. Both of groups are periodically reviewed so there could be updates here over time.


Deaths Caused by Victims:
There were 73 deaths caused by Victims or Family - Friend (includes victim's family members or boy/girl friends), strangers and/or homeowners(##):
## Curious about the choice of tags: "by Victim - Offender a Stranger" and "by Victim - Homeowner." "Stranger" simply means there is no known relationship between the RSO/SO and the person who killed them. Now that can also be true of the "Homeowner," but we wanted to separate crimes committed by home invasions. Some of the more high profile sex crimes involving children have occurred by breaking into a home, considered more dangerous crimes and we wanted to know how often they happened where the RSO/SO was killed during that type of crime.
Deaths Caused by Victims represent 16.9% of all deaths. The context of whom the "victim' is, is important. In Table-6 (62 cases) victim means the victim from the RSO/SO' original crime (therefore revenge is that victim's motive). Also in Table-6 ((4)+(7) cases) victim here means the victim of a new crime committed by the RSO/SO (so, self-defense is this victim's motive):

Table-6
Deaths Caused by: Tag "Victims":
Case Classification:Comment:
by Victim or Family - Friend (62)Here we see acts based on revenge for a past sex crime committed. Victims, family members or friends, sought the past offender to kill them.
by Victim - Offender is a Stranger (4) --OR-- by Victim - Homeowner (7).
Here we see acts based on self-defense. The RSO/SO was committing a new crime, such as breaking into a home (homeowner), or committing a any other new crime (stranger), when killed by the (would-be) victim of that new crime.



Deaths Caused by Acquaintances:
There were 52 deaths caused by acquaintances; 12% of all deaths. Acquaintance here means an acquaintance of the person killed. Reviewing the circumstances of crimes of "by Acquaintance" tag we see the following:

      Table-7 Incidents Appear to Have Started With:
  • Domestic Situation (13) (25%);
  • Disputes of Some Kind (11) (21%);
  • Status Related Circumstances (10) (19.2%);
  • Claim of Protecting a Child or Woman (7) (13.5%);
  • Robbery (4) (7.7%);
  • New Crime (2) (3.8%).

Table-7 is a general review of these cases, there wasn't any mass commonality, beyond what is shown we didn't report them. However, three of the thirteen domestic cases were "Same-Sex couples" and we wondered if, in two of them, whether police reviewed them for possible "Hate Crimes," or let them slide?


Deaths Caused by Robbery & Neighbors:
There were 12 deaths caused by Robbers and Neighbors; 2.8% of all deaths. In the "by Neighbors" tag we see all RSO/SOs killed, and six (6) of them are clearly status related.

Table-8
Deaths Caused by: Tags Robbery & Neighbors:
Case Classification:Comment:
by Robbers (3)A) In one case a robber broke into the home of a 72 year-old RSO robbing and killing him.   B) In 2 cases RSOs were robbed somewhere in the community and killed.
  
by Neighbors (9)A) In 6 cases, the neighbor thought that, the person they killed (RSO/SO) either -HAD or WAS GOING to- molest a child of theirs or someone else. There was no proof (as of this report) the RSO/SOs did anything to their neighbors or children.   B) In the 7th case, in court the DA told the court that, "Richard Brown 'chased down and executed his next-door neighbor, Arthur Twyman (RSO)'," some sort of a prior argument between neighbors. The 8th case it is unknown why, and in the 9th case that was a "StatusBased" Case (Neighbor does not necessarily mean "Next door neighbor," neighbor includes neighborhood.


In the 72 year old's case, it is possible -since the registry shows age of registrants-, that the 23 year old robber targeted him thinking easy prey. Would love to know what police found since they allowed him to plead down from 1st degree. Table-FF below shows that sixteen percent of the 432 deaths were folks 60 or older.

Deaths Involving Laws:
There are 16 cases with deaths involving laws; 3.7% of all deaths. Lawmakers pass laws to protect people. Sometimes laws fail and someone dies because of the law. Then the law played a part, but what part? In a theoretical death say there are ten steps, the tenth being the death. Where does the law fall, in the low numbers (indirect), or in the high numbers 8-9 (direct), of our example? We have already reviewed all deaths using that principle. See Table-9:
Indirect Scenarios: A Michigan registrant froze in a junk yard because two shelters rejected him. Why? Michigan's residency law prevented residency within xx feet of schools, which is where the shelters were. Since, a Illinois registrant has died because of the cold, but there, it is not known if a law played a part we are still reviewing that case. So, laws -as applied to registrants- can result in situations preventing registrants from access to Public Welfare programs or proper medical needed for their care (See Table-9 Tags: SO Resid and SO Nursing Hone).
Table-9
Registrant Deaths where a law was -Indirectly or Directly- involved:
Case Classification:Law and Case Example for those tags:
by Other than a Person (6):
(Indirect)
SO Resid - Medical (4)
SO Resid - Froze (1)
SO Nursing Home - Choked (1)
by Persons (Murderers)(10):
(Direct)
SO Registry (7)
Status Revealed(3)

Direct Scenarios: Registries today are available to the public. In society there are folks who's lives are driven by hatreds, and at times they act on them, sometimes murdering a person. Reading news articles about sex offenders today, and the article comments, no doubt many folks hate anyone labeled a sex offender. The articles we draw from, journalists even mention the deaths were "because of a hatred for sex offenders," and have shown when a perpetrator admitted murdering someone based on their hatred of sex offenders. We have documented such cases (See Table-9 Tag: SO Registry).

Similarly when someone finds out (or believes) a person is a sex offender, and allows their hatred of sex offenders to control, resulting in a murder of a sex offender. We have documented such cases (See Table-9 Tag: Status Revealed). News articles support these cases as well.
In each of these 16 cases laws played a part. It is important that we track all subtle, direct and indirect ways, laws play a part in deaths of RSO/SOs. We can never forget, that lawmaker intent is to protect some group, so they say. However, the laws' "effects" need review before enactment, to make sure it does not put other folks (here registrants and their families) in harms way, as they have done here with former offenders and their families!


Deaths Caused by Good Samaritans & Passerbys:
There were 3 deaths caused by Good Samaritans & Passerbys; 0.7% of all deaths. Here we see people coming to the aid of NEW victims (RSOs committing NEW crimes) and killing the RSOs who has just committed a new crime.

Table-10
Deaths Caused by: Tags Good Samaritans & Passerbys:
Case Classification:Comment:
by Passerbys (2)In one incident the RSO abducted a woman and carjacked her car, then crashed into a truck killing the woman, and while fleeing the RSO is killed by a passerby. The other incident was a argument between two men (one a RSO on parole) and a security guard tried to break it up, guns were drawn and fired killing the RSO.
  
by Good Samaritan (1)"A Brighton man shot and killed a 44-year-old registered sex offender who attacked two women in their home early this morning, officials said."



Deaths Caused by Misc Reasons:
There were 6 misc deaths; 1.3% of all deaths. Accidents happen and best advice is not to get involved with either gangs or drugs.
by Vehicle / Accident (2)
by Gangs / Drug Related (4)


Deaths in Jails or Prisons:
There were 102 RSO/SO deaths in jails or prisons; 23.6% of all deaths.

Table-11
Deaths in Jails and Prisons:
Case Classification:Tags Combined and Comments:
by Inmates (74) by Inmates Known (44):-- These are cases where officials named a suspect/s and didn't mention if it was a cellmate. And one case where the prison "Code of Silence" was apparent.
by Cellmates (30):--  These are cellmate murderers. Of the 29 cellmate murders, 12 were by cellmates who were serving a sentence of "life w/o Parole" or "murder." And in one case a murderer who had previously killed another sex offender who was his cellmate at the time.
 
by Guards (12):by Guards (3):--  These cases must be read. Its hard to believe this is going on in some places.
by Guards Release of Crime Info (4)--  Prison is a violent place, and those convicted of sex offenses are in real danger when their crimes are released to the inmate population, guards are fully aware of that, these deaths resulted from the guards actions. See Former prison guard describes hostile atmosphere for sex criminals
by Gross Negligence (5):--  It is difficult to read these cases and not say the guards had a choice and instead acted in a way which resulted in the death of the RSO/SO.
 
by Hostage/Escape (4)When a inmate takes a hostage or attempts to escape, and is killed in the process, then they have placed themselves in harms way, they become responsible.
 
by Vigilante Circumstances (12)This will be most controversial because we carry forward the "vigilante" when the circumstances show "unsolved." In a prison environment how is it possible deaths can occur without knowing who did it? These are all cases where the administration has no clue as to who done it. Hence, our tag because all these cases were someone taking the law into their own hands and want to remain unknown; a vigilante.
 

There is no doubt that serving a sentence for a sex crime, that person must watch every aspect of their life during their sentence. These cases show the dangers faced in many ways, from housing to even obtaining medical services, sex offenders must be on guard.


End of by Case Classification Section


SECTION: The overall impact based upon the numbers:


Now we step back and look at topics from a broader view. Accordingly, when you see a "Case Classification" mentioned there is a full story behind it, but that story is above, make sure you take the time to read them. ex: Case Classification "by Law Enforcement" looks like the police are the bad guys, but until you read everything about that case classification (ABOVE) you do not know who is right and who is wrong in those cases. With that said:


Deaths of RSOs with "Failure to Register" History or Charges:
Twenty-three (23) people died related to failure to register issues, includes two police officers and two civilians. What part, if any, did "Failure to Register" charges/history play in the deaths of those who died?

Table-AA
Failure to Register Charges/Convictions:
Death under this
Case Classification:
In the
Community
In Jails
or Prisons:
History of
Other FTRs:
 
by Law Enforcement (11)6(#)5
by Victims (1)1
by Acquaintances (3)2 (*)1
by Vigilantes (3)2(@)1
by Cellmates (3)3
by Inmates Known (5)41
by Vigilante Circumstances (2)11
by Other than a Person (2)2(&)
___________________________
Total:  19 Deaths 11811
(#) Other deaths occurred during -two- incidents: One incident -two- police officers were killed and in another incident -one- civilian was killed; (@) Other deaths occurred during -one- incident: -One- civilian was killed; (*) One death was the result of a domestic situation and the FTR situation had nothing to do w/that death; (&) These two cases are the result of the weather/elements and must be read to understand (A) and (B)
Note: Failure to register (FTR) charges can be misleading, covering from refusal to register down to forgot to sign a form, and everything between. Titling all forms of technical violations as well as refusal to register, the same, and into a person's history as felonies is plain egregious. And there is no state-to-state standard list one can equate to, either. If someone misses an appointment because of their work schedule they can be charges with FTR. It seems lawmakers use this as a way to make registrants look bad and there is no way out for them; another way laws becomes overbearing.
All from news articles about these deaths. If FTRs were relevant in any other case, we have no way of knowing. It is sad that, at very least the 8 deaths in jails/prisons occurred because of, the want for an address or employer information, all ministerial information and there is no proof such will protect anyone in society. Registration is considered a civil matter, but violate it and it becomes a felony criminal matter; makes no sense. Effectively, Politicians wanting to keep their jobs passed these senseless requirements, so who is responsible for these deaths? And, but for these requirements -two- police officers and -two- folks from the community would be alive today! See (#)(@).


Deaths of Innocent Others:
There were 19 cases where people other than a RSO/SO were killed, during or just before the death of the RSO/SO.

Table-BB
Innocent Other Deaths:
Death under this
Case Classification:
In the
Community
 
State
 
by Law Enforcement (9)Civilians (4)   Police (5)MS, CO, FL, MO, GA WA, MI
by Victims (2)Civilians (2)AR, AL
by Acquaintances (6)Civilians (6)NH, FL, CA, GA, PA
by Vigilantes (4)Civilians (4)NC, IN, WA, FL
by Passerbys (1)Civilians (1)GA
_______________
Total:   22 Deaths Civilians (17)  Police (5)14 States
Just to prevent misconstruction, the Case Classification (ex: by Victims) does not mean that the victims killed the "Innocent Others." You would have to read the individual cases to learn -who specifically- killed the innocent others and the circumstances; likewise for other case classifications shown.


Deaths of Innocent RSOs/SOs:
There were 2 cases of innocent RSO Acc., and 19 cases of innocent SOs Acc., that were killed.

Table-CC
Innocent RSO/SO Deaths:
Death under this
Case Classification:
In the
Community
 
State
 
by Law Enforcement (1)SO Acc. (1)SC
by Victims (9)SO Acc. (7)   RSO Acc. (2)IA, OR, NJ, AZ, SC, Wa, IL, NM, CA
by Acquaintances (5)SO Acc. (5)WA, CA, OR, CA, CA
by Vigilantes Captured (1)SO Acc. (1)WA
by Neighbors (5)SO Acc. (5)AR, DE, FL, CT, AL
_______________
Total:   21 Deaths SO Acc.(19)  RSOs Acc.(2)14 States
Just to prevent misconstruction, the Case Classification (ex: by Acquaintances) may not mean that the acquaintance killed the SO Acc.. You would have to read the individual cases to learn -who specifically- killed the SO Acc. and the circumstances; likewise for other case classifications shown.

Recently a newspaper published this comment by a person who was "falsely accused" about the accuser that seems appropriate here:
"The embarrassment and humiliation to my wife, my daughter and myself was immeasurable; it caused severe emotional trauma and in some ways permanent damage to my marriage. I hope and pray this woman receives the justice she deserves and that some day laws are passed making false rape claims a felony. They also should be treated as a sex crime. Even though no physical rape was committed, men who are almost always the victims in these cases, are raped by the justice system. If they are unfortunately convicted and sent to prison, they are often physically raped and sometimes murdered. I once worked as a correctional officer for four years in a maximum security federal penitentiary and know that convicted rapists and child molesters are often targeted for violence by other inmates; any amount of time in prison for me would have ended my life. ... But the biggest crime of all, are committed by people who bare false witness against others." Source: FULL COMMENT


Deaths of Homeless RSOs:
There were 16 cases where homeless folks were killed. Seven (7) of them have facts that COULD indicate a "Hate Crime."

Table-DD
Homeless Deaths:
Death under this
Case Classification:
In the
Community
Hate
Crimes??
 
State
   
by Law Enforcement (2)2 CA, OR
by Law (5)5CA, CA, CA, CA, MI
by Vigilantes Captured (3)32CA, ME, KS
by Vigilantes (3)33CA, FL, MA
by Acquaintances (2)22TX, TX
by Accident (1)1(#)CA
_______________
Total:   16 Deaths1678 States
(#) This case happened in California, along with 7 others (50% of homless cases). We wondered if Jessica's Law may have been responsible for his (& their) homelessness, but police have not released anything further on these cases.

These cases were reviewed as though "homelessness" was a "Hate Crime" basis, as we believe it should be. Unfortunately it isn't but one Lawmaker presented a bill but it did not pass.


Deaths of RSO/SOs (Victims) -v- Case Classification:
Case classification is determined by the circumstances under which the RSO/SO was killed or murdered and by whom. As to "Decedents' Conduct" unfortunately sometimes folks do things which places them in harms way. See Footnote

Table-EE
Case Classification / Victim (RSO/SO) Relationships:
Case Classification
Tags "Who Caused Deaths"
No. Killed
or Murdered
Percentage
of Total:
Decedents'
Conduct @
by Law Enforcement9522.0%96
by Vigilantes (*) (55 Unsolved)8419.4% 
by Victims 7316.9%11
by Acquaintances5212.0% 
by Robbery & Neighbors122.8% 
by Good Samaritans & Passerbys30.7%3
by Other than a Person (#)61.3% 
by Misc.61.3%3
_____________________
Sub Total:331 76.4%113
    
by Prison Inmate/s Known (**)4410.2% 
by Prison Cellmates296.7% 
by Prison Vigilante Circumstances122.8% 
by Prison Gross Negligence51.2% 
by Prison Dur Hostage/Escape4.9%4
by Prison Guards Release Crime4.9% 
by Prison Guards3.6% 
_____________________
Sub Total:10223.5%4
    
Grand Total:43299.9% (Rnd)117 (27%)
(#) Of the 16 cases which involve laws, these 6 do not have a "person" classification tag; (*) See Endnotes for Def. of and use of Vigilante; (@) No. of cases where Decedents' placed themselves in the circumstances which resulted in their death. ex: Decedent committed a new crime; Shootout w/Police; Arguments, etc..; (**) 1 case is where the inmates are refusing to reveal who killed the person, claiming the well known prison code of silence (no snitching).


Deaths of RSO/SOs by Age:
Table-FF shows the age groups of the 432 RSO/SOs that have been killed or murdered. Table-GG Compares the RSO/SO percentages to the FBI Murder Victims by Age: 2010 Expanded Homicide Data Table 2:

Table-FF
Deaths of RSO/SOs by Age:
% Of Total DeathsNo. DeathsAge RangesIn CommunityIn Jails/Prisons
30.2%13037-489931
25.7%11124-368922
18.1%7849-596018
10.5%4560-692916
5.6%2470+204
5.1%2218-23193
5.1%22Unknown157
____________________
100.0%432<<-Total->>331101
 Note: 16% of the 432 deaths were folks 60 or older.

Both Table-GGs (2010 and 2004-2011) we are out on a limb because there is nothing which we could compare to; but study the following tables. We wanted to know if there was any substantial difference in the percentages of those killed in society and our group of RSO/SOs, equating ages as best we could. Using the FBI Expanded Homicide data (Expanded Homicide Data Table 2 [Murder Victims by Age]), just the FBI age ranges that quasi-equated to our age ranges (see Table-FF); unknown ages are dropped from the FBI table as well as ours:

Table-GG: 2010
FBI Murders by Age -v- RSO/SOs Murders by Age:
DOJ AgesDOJ No. Pct. RSO/SO AgesRSO/SO No. Pct.Difference:
20-345,671 (54.2%) 18-3614 (33.3%)-20.9%
35-492,792 (26.2%) 37-4816 (36.3%)+10.1%
50-591,159 (10.9%) 49-597 (16.6%)+5.7%
60-69514 (4.8%) 60-693 (7.1%)+2.3%
70+396 (3.7%) 70+2 (4.7%)+1.0%
 _______  _______
Totals:99.8%  99.8%
FBI Source:FBI Murder Victims by Age 2010 Expanded Homicide Data Table 2:


FBI data was only available for the years 2004-2011, hence the following:

Table-GG: 2004-2011
FBI Murders by Age -v- RSO/SOs Murders by Age:
DOJ AgesDOJ No. Pct. RSO/SO AgesRSO/SO No. Pct.Difference:
20-3449,661 (54.3%) 18-3692 (31.9%)-22.4%
35-4925,288 (27.7%) 37-4888 (30.6%)+2.9%
50-599,118 (10%) 49-5959 (20.4%)+10.4%
60-693,903 (4.3%) 60-6933 (11.5%)+7.2%
70+3,364 (3.7%) 70+16 (5.6%)+1.9%
 _______  _______
Totals:100%  100%
FBI Source:FBI Murder Victims by Age 2004-2011 Expanded Homicide Data Table 2:


It appears that younger RSO/SOs seem least likely to get into situations resulting in their death; but still, we have recorded some (See Table-FF 18-23 age group). However, the older RSO/SOs get, the more likely it is they face circumstances which result in their deaths. Yes, we do realize that earlier in our report -in a few places- we show circumstances which are the fault of the RSO/SO. Yet, their fault, or, are they being hounded until they do something illegal? This unanswered question is left for professional research, with appropriately generated data. Statistics which do not focus on political views, instead, on consequences of laws, lawmakers have enacted. I'll let readers decide if there is value to the above chart. Excepting the 18-36 group, it appears that RSO/SO deaths are above the national averages.


Deaths of RSO/SOs in Jails & Prisons by Age:
Here we have DOJ data to compare to, Mortality in Local Jails and State Prisons, 2000-2010 - Statistical Tables (Sum of Tables 11 and 21, Jails and Prisons respectively), December 2012, NCJ 239911, with noted adjustments, and we constructed the following Table. Age ranges are as close as we could get based on data. Our unknown ages were dropped, as well as any cases before 2000 and those after 2010, and our four Hostage/Escape cases. This chart is the result:

Table-HH: 2000-2010
DOJ Homicides by Age -v- RSO/SOs Murders by Age:
DOJ AgesDOJ No. Pct. RSO/SO AgesRSO/SO No. Pct.Difference:
18-2466 (12.3%) 18-231 (1.6%)-10.7%
25-34146 (27.2%) 24-3616 (25%)-2.2%
35-44152 (28.4%) 37-4822 (34.3%)+5.9%
45-54111 (20.7%) 49-5911 (17.1%)-.1%
55+60 (11.2%) 60+14 (21.9%)+10.7%
 _______  _______
Totals:99.8%  99.9%
DOJ Source: Mortality in Local Jails and State Prisons, 2000-2010 - Statistical Tables (Sum of Tables 11 and 21, Jails and Prisons respectively), December 2012, NCJ 239911:


There were 32 cases not included in the RSO/SO numbers because they were outside of the years shown, and 26 of them occurred in 2011-2012. This shows two groups with percentages over the national averages for homicides, one being the frail older RSOs/SOs who likely cannot defend themselves.


SECTION: Conclusion:


Frequency of Status Based Murders:
A topic not covered by the media, they only cover when two registered offenders are killed, recently in Washington (Gary Blanton and Jerry Ray) or earlier in Maine (Joseph Gray and William Elliott in 2006). Table-JJ reveals all status based murders between the years 2000-2012.

Table-JJ
Deaths (##) Month-by-Month for Years 2000-2012:
 2000200120022003200420052006200720082009201020112012
Jan=4511214736956
Feb=26227546
Mar=30Court4543644
Apr=29215161410
May=251145158
Jun=3312112151010
Jul=331131AWA-2526165
Aug=361153156626
Sep=4912482586211
Oct=27112315455
Nov=4512234554676
Dec=401324561171
---------------------------------------
Total:4184110221939324760466178
2003 U.S. Supreme court decisions which allowed registries to continue, and start of the Adam Walsh Act..
One or more, of the 36, Status Based Murders occurred in each of the 26 months.
Months which have the highest aggregate number of deaths.
## Thirteen deaths occurred in the years 1991-1999 which are not shown.

Table-JJ shows StatusBased Murders are not as rare as one might think! The table also shows, nineteen deaths before the 2003 U.S. Supreme Court decisions (Connecticut Dept Of Public Safety V Doe and Smith v Doe). Sixty-seven deaths between the U.S. Court decision and the start of the Adam Walsh Act. Three hundred and forty-six deaths since the Adam Walsh Act was enacted. What do you think is fueling these deaths?


Number of RSOs and SOs Killed and Murdered:
Our graph, a timeline composite of deaths, a senseless era of violence, there were triggering events. First, the 2003 US Sup court decisions allowing online registries to continue; and second, the 2006 law of the Adam Walsh Act (AWA). This graph and Table-JJ give us a clear view of the broader picture.


From 2003 to 2005 the number of deaths doubled, then in 2006 came AWA and the number of deaths went up 7-fold over the next 6 years 2006-2012. Sex offender laws and attention is affecting society and registrants, and resulting in deaths (murders and killings) of people charged, convicted and thought to have committed a sex offense; 432 have died under these changing laws!

In closing, why are these deaths occurring, deaths were a rare event before 2003. Over 80% have occurred since the Adam Walsh Act became law, the data supports that conclusion. I cannot help remember a comment made by Sen. Hatch on the Nancy Grace show (7-16-2006) just days before the Adam Walsh Act:
SEN. ORRIN HATCH (R), UTAH: Well, the bill really puts the screws to those who are sexual predators, and you know, sexual offenders. You know, we have we have around 500,000 of them in ... Source: CNN Transcript.
Sen. Hatch had just finished one of the many -Behind Closed Doors- sessions that took place before enacting AWA. Given those undocumented sessions and AWA passed under suspension of the rules, contrary to Congressional rules for such legislation, there must have been something they did not want known. Today we still wonder about that dark history especially given findings of this report about lives of sex offenders.

For those who think plotting to kill former sex offenders -OR- someone thought to be a sex offender, is not happening today, take note of this recent Wisconsin article:
Bizarre Murder Plot Foiled By Tosa Police (1-8-2013): An East Troy man stands accused of attempted murder of a Wauwatosa resident after a caller warns police that a truck has been circling his block — and officers find the driver has hatched a strange plot to kill an old friend. An East Troy man's obsession with protecting children and his delusion that an old friend was a child sex offender led him to plan to murder the man, according to Wauwatosa police, as detailed in a criminal complaint. .... A second officer arrived on the scene and went to the passenger side of the truck, where he found several printed handbills on the seat. They pictured a man, gave his age and address, and said that the subject "...targets and sexually assaults little girls 5 to 12 years old. Protect your kids." (Wauwatosa police would later learn that such handbills had been appearing in the neighborhood for two years, and that Milwaukee police had been taking them down.) Full Article HERE
Had the police not foiled that plan we would be writing about another StatusBased murder.

Of the 432 deaths: RSOs (75%) SOs (25%), and SOs had yet to go through the courts. Death sentences for these crimes are unconstitutional. U.S. Supreme court Kennedy -v- Louisiana. Should overbearing laws and stalking of -one crime- type also be unconstitutional? True, some 27% (Table-EE) of the decedents, placed themselves in the circumstances resulting in their death. Yet, if the laws were not overburdening, would they have done that?

The eight imprisoned for "failure to register" charges (Table-AA) would not have died if FTR charges did not result in a felony. Registration is a civil matter, but FTR charges result in a felony; that just does not make sense. Two age groups, in Jails and Prisons, (37-48 and 60+ Table-HH) are being killed at a higher rate (5.9% and 10.7% respectively) than equivalent age groups nationally as reported by the U.S. Department of Justice. One being senior sex offenders.

False accusations resulted in the deaths of 21 innocent RSOs/SOs (Table-CC). Continuing the innocent vein, but in addition to the 432 deaths, 17 civilians and 5 police officers died (Table-BB). Would they have died but for their involvement in those respective cases? Again beyond the 432 deaths, are those who have died in civil commitment over the years, some 118 as best we can discover from news articles. Civil commitment centers carefully guard any death reports from the media, but some get through and we have saved them.

Changing burdensome laws, politicians and the media, all voices behind growing incidents of violence. One residency law allowed a RSO to freeze to death in 2009, and still lawmakers in that state have done nothing to prevent another! Laws have lives in a turmoil nationally and pushing many over the edge. What dots have to be connected to get lawmakers and the courts to see? These lives matter!

When there is no redemption, when a lifetime of legalized stalking of this class results in violence, who is responsible?

Sex Offender Research, All Rights Reserved! © 2012

Wednesday, January 2, 2013

Challenge to PA Sex Offender Law Begins: National Group Cites Costs and Unconstitutional Provisions


RSOL, Post Office Box 36123 


Albuquerque, NM 87176

www.reformsexoffenderlaws.org


For Immediate Release...
January 2, 2013
Contact: Robin van der Waal 202.709.3890.

 Albuquerque, NM—Reform Sex Offender Laws Inc. (RSOL) recently announced plans to challenge sections of Senate Bill 1183 (Pennsylvania’s new sex offender registration requirements) on multiple constitutional grounds (see first press release here). Today, RSOL began the process of notifying registered persons throughout Pennsylvania regarding the details of this new plan and will seek to organize affected citizens into an active group of advocates to contest the law.

Because the new law requires so many individuals to frequently report in person to a state police barracks for the remainder of their lives, RSOL asserts that the new law substantially violates both state and federal Constitutional protections guaranteed to the citizens it affects. RSOL asserts that these onerous new in-person reporting provisions transform registration into a form of lifetime probation supervision, and therefore, constitute punishment.  

Despite wide misconceptions, registration requirements are not part of a person’s actual sentence or punishment; rather, they are a collateral consequence of the individual's conviction. In fact, for public registration schemes to pass constitutional scrutiny, they cannot impose punishment either by design or effect. RSOL finds it problematic that this new law retroactively adds new offenses to the list of offenses requiring registration. This provision alone has the potential to undo an undetermined number of plea agreements because of representations made to defendants which helped induce them to plea. 

In support of this action, Brenda Jones, RSOL’s Executive Director, stated, “Even though enforcement of the controversial law has begun, RSOL is optimistic that many aspects of the law will ultimately be declared invalid by the courts, and, as a result, legislators in Harrisburg will be forced to revisit this issue. RSOL finds it incomprehensible that those responsible for the fiscal integrity of Pennsylvania have given such paltry consideration to the financial ramifications of SB 1183.”

In a presentation of talking points being made available to Pennsylvania registrants, Jones questioned whether legislators considered the financial impact of:
...continued...