David Allyn Dokich - Serial Child Rapist / High Risk Sex Offender

Saturday, March 18, 2006

Look what the City of Santee did on its very own

Santee is down in the San Diego area for those of you who are geographically challenged.

The City of Santee has identified a problem:

  • WHEREAS, registered sex offenders pose a clear threat to children residing in or visiting Santee; and
  • WHEREAS, individuals who are required by law to register as sex offenders with any governmental entity have been convicted of serious sexual offenses; and
  • WHEREAS, registered sex offenders are more likely than any other type of offender to reoffend; and
  • WHEREAS, the City of Santee desires to impose safety precautions in furtherance of the compelling goal of protecting our children from sexual assault or other harm by sex offenders; and
  • WHEREAS, the City of Santee desires to add local restrictions where state law regulating sex offenders is silent by prohibiting sex offenders from loitering in areas that are primarily designed for use by, or are primarily used by, children.

The above is the first part of ordinance no. 454. It states "Any sex offender is prohibited from loitering on or within three hundred feet (300’) of a public or private school for children, a child care and development facility, a park or recreation facility, playground, or arcade."

Violators are subject to arrest, up to a $1,000 fine and/or 6 months in the county jail.

The City of Santee is not waiting around for the State of California to protect it's children.

Santee Oridnance 454


Suspected molester added to Most Wanted list

Frederick McLeanSAN DIEGO – A fugitive suspected by federal authorities of molesting children for 20 years has been added to the U.S. Marshals' 15 Most Wanted list.

Frederick McLean, 55, is wanted on multiple counts of sexual assault on a child, an allegation described by marshals as an understatement.

One of McLean's alleged victims has accused McLean of sexually assaulting her more than 100 times between the ages of five and 12, said Deputy U.S. Marshal Tom Maranda.

An arrest warrant for McLean was issued in Jan. 2005, but authorities believe he began preparing for a life on the run almost six months before that, after family members confronted him about some of the allegations and he admitted they were true, Maranda said.

Click here to read the complete article.


Watsonville police specialist tracks down sex offenders

by daniel lopez
sentinel staff writer

WATSONVILLE — Martha Victoria Vega deals with some of the most unsavory characters most women would never want to meet — and she's looking for more.

Vega, 30, a police services specialist in the investigations division of the police department, is charged with tracking the city's registered sex offenders and making sure they keep their contact information up to date.

Though 98 percent of the offenders in the city are men, Vega, who sometimes makes house calls in the company of an officer, says she doesn't mind her line of work.

"I don't feel uncomfortable," she says. "If I do get a bad vibe about one, I'll tell a detective and they go along."

By law sex offenders are required to tell law enforcement their whereabouts every year and inform them if they move.

"I know their names, I know their faces, I know where they live," says Vega. who has been following sex offenders for almost two years.

Vega said as of Thursday she had identified 10 offenders who were in the city at some point and have fallen out of sight.

Arrest warrants for four — Cristobal Rocha Fernandez, William Oliver Kelly, Gregorio Alberto Plata and Reymundo Garcia Rodriguez — have been issued.

A fifth man, Manuel Rosas, who is sought by the California Department of Justice, has been out of compliance since 1996.

Capt. Eddie Rodriguez said it's possible the offenders have left the area, died, are in police custody elsewhere or have been deported.

Through Vega's efforts to keep tabs on sex offenders in the city, the police department has achieved a 90 percent compliance rate with offender registrations, Rodriguez said.

Click here to read the complete article.


Marina man convicted of multiple child molestiation charges

A Marina man is facing multiple life sentences after he was convicted of several counts of child molestation, Monterey County District Attorney Dean D. Flippo announced Friday.

It took a jury two hours to convict Thomas Horton of all counts of child molestation, threatening and dissuading witnesses and indecent exposure involving eight children.

Between 2003 and 2004, Horton molested children and recruited more by having his victims invite their friends to his home. He would offer the children money to clean his house before molesting them, according to the District Attorney's office.

The trial lasted five days. Horton could be sentenced to multiple life sentences.

Monterey County Superior Court Judge Russell Scott will sentence Horton on April 27.

Source


Exclusive Video: We confront Perverts on the Streets of Riverside

This is the video we shot yesterday, Friday the 17th.

More of the perverts caught in the Dateline / Perverted Justice / Riverside County Sheriff's Department sting operation were scheduled to appear at court yesterday.

Some had their attorneys appear in their place. Most had their cases continued. Walter Babst, the school teacher and Michael Burks, the Homeland Security guy were 2 of the more notable no shows.

We did manage to get 5 on tape, Corey Ahia, Mitchell Heylek, John Mahon, Erik Pallesen and Christopher Urban.

During court the mental capacity of Heylek was in question therefore I am not going to show the video of him.

The other 4 are fair game. 'Molly' from the Pervert Patrol gave them all a non stop verbal barrage of questions.

Dateline NBC had a crew there today as well because they plan on airing a followup story to their excellent 'To Catch A Predator III".


Friday, March 17, 2006

Video: City of Commerce outraged over sex offenders' placement

This is another CBS 2 News exclusive and is a followup to their Sex Offender Shuffle story.

A dozen registered sex offenders have been placed in a local motel by the state. Officials and residents are not very happy about it.

As you will hear in this video the arrogance of parole knows no bounds.

Click here to watch the video.


Robert Emmet Lyons update

Robert LyonsRobert Emmet Lyons is one of the perverts that was busted in the Dateline NBC / Perverted Justice / Riverside County Sheriff's Department sting operation in January.

Both his felony settlement conference and his hearing to have his probation revolked were continued to March 29th.

Lyons is a registered sex offender and remains in custody.


Gregory John Karnos taken into custody today

Greg KarnosGregory John Karnos, one of the perverts that was busted in the Dateline NBC / Perverted Justice / Riverside County Sheriff's Department sting operation in January, was taken into custody today at court.

Karnos is a registered sex offender. Because he has 2 prior felony convictions the DA's office asked that his bail be increased to $1 million dollars. Judge Schwartz agreed and Greg Karnos was taken into custody on the spot.

This looks like the 3rd strike for Greg.

Karnos is next scheduled to appear for a felony settlement conference on April 14th.


DNA helps catch registered sex offender, but not before there is another victim

Baffled by the molestation and attempted rape of a 10-year-old girl who was attacked in her home in January 2004, Oakland police turned to DNA science to solve the crime.

Within weeks, the state crime lab's computer gave investigators the break they needed: a DNA "cold hit" that linked the crime to a paroled rapist who lived nearby.

But then the police failed to follow up -- until another young girl was assaulted.

Court records show that even though they were provided with DNA evidence that seemed to solve the crime, Oakland Police Department investigators did not contact the suspect until after he allegedly attacked another 10-year-old girl six months later.

The case of registered sex offender Kalonji Lavaro Lee, detailed in documents filed in Alameda County Superior Court, reflects an apparent breakdown in the system by which DNA science is supposed to be deployed to solve crimes.

The parents of the second victim said they were dismayed that police had failed to pursue evidence that might have prevented the attack on their daughter -- information they never knew until they were told about it Wednesday by a Chronicle reporter. They declined to comment extensively because Lee's case is pending.

But they said the police investigator they had met seemed overburdened, complaining that he had a caseload of hundreds of unsolved sex crimes.

Click here to read the complete article.


Thursday, March 16, 2006

Police Seek Sex Offender With Underground Dungeon

COLUMBIA, S.C. -- Authorities in South Carolina are looking for a convicted sex offender. They suspect the man of raping two teens in an underground dungeon behind his home.

Police allege that Kenneth Hinson took a 17-year-old girl from a Darlington County mobile home while she was sleeping Monday night. Police said he bound her mouth, sexually assaulted her, then left her in the underground room. It's described as not much larger than a closet with a four-foot ceiling.

Police said Hinson later returned to the mobile home and took another 17-year-old girl, sexually assaulted her, then left. The teens managed to wriggle free, get out of the shed, walk through some woods and flag down a passing motorist.

Hinson is wanted on kidnapping and criminal sexual conduct charges.

Click here to read the complete article.


Bible School Teach Charged With Lewd Acts On Child

A man accused of molesting a boy he knew through a children's Bible class he taught at First Advent Christian Church in Tustin was charged Thursday with molestation, officials said.

Roger Warren Evans, 53, of Tustin, is being held on $500,000 bail. He is charged with two counts of committing lewd acts on a child -- doing so over a three-year period -- as well as dissuading a witness, said Assistant District Attorney
Susan Schroeder.

Evans could face up to 20 years in prison if convicted of all charges.

The boy, now 11, was 9 years old when the alleged molestation began, Schroeder said.

Evans, also associated with the Costa Mesa-based Trinity Broadcasting Network, has reportedly admitted to authorities that he fondled the boy's genitals while spanking his bare bottom and got sexually aroused from doing so, according to Schroeder.

Click here to read the complete article.


Sex Offender Arrested in 1996 Fla. Death

By STEPHANIE REITZ, Associated Press Writer
5:36 PM PST, March 16, 2006

HARTFORD, Conn. -- A database of DNA from convicted sex offenders has linked a Connecticut man to the rape and murder of an 11-year-old girl in Florida almost 10 years ago, police said Thursday.

Robert S. Mitchell, 43, was being held on $5 million bail after being arraigned Thursday as a fugitive from justice. He waived extradition, and will face first-degree murder and sexual battery charges in the death of sixth-grader Cherie Morrisette, police said.

Liz Walters said she had been waiting nearly a decade to find out what happened to her daughter. "There's no such thing as safe neighborhoods," she told The St. Augustine Record on Thursday. "Things happen everywhere."

Connecticut state troopers and New Britain police said DNA from a national database allegedly linked Mitchell to the girl's death.

Cherie's body was found Dec. 8, 1996, in the St. John's River about 10 miles from the apartment she shared with her family in Jacksonville, Fla.

At the time, Mitchell lived in a nearby town, police said.

Click here to read the complete article.


Local man arrested for child molestation

On March 14, 2006, the Indio Sheriff's Station initiated a criminal investigation involving lewd and lascivious conduct that involved a female victim under the age of fourteen. During the investigation it was determined that the minor met a subject identified as Shane Joseph Espana (21) from the city of Riverside through an Internet chat room. They began a relationship and became romantically involved.

On March 16, 2006, Investigators contacted Espana in the city of Riverside. As a result of the investigation he was arrested for a lewd and lascivious conduct with a child and he was booked at the Indio Jail. The name of the victim will not be released because of her age. For information regarding this investigation please contact Investigator Nagels.

Source


Two bills make it out of the Senate Public Safety Committee yesterday.

SB 1178, authored by Senator Jackie Speier (D-San Francisco), was introduced January 13, 2006.

There is some mis-information in the media about this bill so allow me, your fearless blogger, to set it straight.

News10.net writes that SB 1178 "is proposing that high-risk offenders be required to wear global positioning satellite tracking devices for the duration of their probation or parole."

The Press Enterprise writes that SB 1178 "would require satellite-tracking of the state's estimated 3,000 high-risk sex offenders during their paroles."

Sounds good but they both got it wrong.

Here is what the bill actually says (from the legislative counsels digest):

This bill would require a person who is convicted of an offense that requires him or her to register as a sex offender, and who is determined to be at a high risk of reoffending, to be electronically monitored while on probation, unless the chief probation officer determines that such monitoring is unnecessary for a particular person.

Contrary to the above mentioned media reports, "GPS" and "satellite-tracking" are not mentioned in the bill. Electronic monitoring is far different than GPS.

Nor are "high-risk sex offenders", such as David Allyn Dokich, mentioned in the bill. It states sex offenders on parole who are determined to be high risk and this determination is made by the Department of Corrections. It also gives them a big fat out when it says "unless the Department of Corrections and Rehabilitation determines that such monitoring is unnecessary for a particular person."

So the same people who place high risk sex offenders in communities full of children, the same people that play the 'sex offender shuffle', these are the people who are going to be the ones who decide who gets a bracelet? Thanks but no thanks.

Now lets look at Senate Bill 1128 authored by Senator Elaine Alquist (D-San Jose). It was introduced January 9, 2006.

It is being called the Sex Offender Punishment, Control, and Containment Act of 2006. That sounds an awful lot like the Sexual Predator Punishment and Control Act of 2006 (Jessica's Law).

Well it is an awful lot like SB 588 (Jessica's Law) and even says "this bill incorporates a number of the sentencing revisions proposed in SB 588 and the proposed Jessica's Law initiative."

What it does not have is any restrictions on where sex offenders may live nor does it have any provisions for tracking them. One thing it does have that I like is it increases the information available to the public on the Megans Law website. It would add Sexually Violent Predator information and risk assessment information.

It's curious that on January 10th of this year Senator Alquist voted against a bunch of bills including SB 588 (Jessica's Law). She also voted against SB 722 which would have placed sex offenders on parole for life if their victim was under 12, SB 1044 which would have increased the penalties for the worst sex offenders and would require GPS monitoring for all sex offenders while on parole and create a new law to deal with luring. She also did not vote for SB 1074 which would have required all high risk sex offenders to be monitored by GPS for life and would require the Department of Corrections and Rehabilitation to share parolee information with local law enforcement.

It is interesting that both of these bill were introduced this January. One has to wonder if the over 700,000 signatures gathered to get the real Jessica's Law on the ballot had anything to do with these bills sudden appearance.


Wednesday, March 15, 2006

Child porn ring transmitted acts live on Web

By Andrew Stern

CHICAGO (Reuters) - U.S. and Canadian authorities said on Wednesday they had cracked an international child pornography network that in some cases transmitted molestations live over the Internet.

"These are the worst imaginable forms of child pornography," said U.S. Attorney General Alberto Gonzales, adding that one case involved the abuse of a toddler less than 18 month old.

Twenty-seven people from nine U.S. states and Canada, Australia and Britain, are charged with possession, receipt, distribution and manufacture of child pornography in connection with the case, authorities said.

Twenty-six of the suspects have been arrested and one is still at large.

"This international undercover investigation revealed an insidious network that engaged in worldwide trafficking in child pornography, including live molestations of children transmitted over the Internet," Gonzales said.

Authorities said they have identified seven victims including the toddler whose molestation in April by a suburban Chicago man was transmitted live via an Internet chat room to someone using the screen name "Big_Daddy619."

Click here to read the complete article.


Monitoring sexual predators with GPS is a worthy expense

By Jim Shore

Every parent knows the sinking feeling. When we learn of another child killed, kidnapped or assaulted, we remember just how vulnerable our children can be. The sad fact is that more than two-thirds of all victims of rape and sexual assault are under the age of 18.

As a professional prosecutor, I have helped send murderers, rapists and child molesters to prison. Like everyone in the law enforcement community, I am doing everything in my power to protect the most vulnerable victims -- our children.

But I can't say the same right now for the state of California. A powerful new technology is available to protect our children, but it remains relatively unused because of political battles in Sacramento.

The device is called GPS (global positioning system), and it can be used to track the movements of convicted child predators and other sexual offenders once they leave prison. Many law enforcement professionals want to use this new tool to safeguard our communities by providing 24-hour monitoring. While there are more than 2,500 registered sex offenders in Santa Clara County, the frightening reality is that their daily whereabouts are largely unknown to law enforcement.

The hard truth is that we can rehabilitate drug users, but sexual predators are a different kind of criminal. They are subject to an untreatable pathology. And we know that once released, they are likely to repeat their offenses and victimize again.

Click here to read the complete article.


Legislation would allow death penalty for repeat sex offenders

Under new bill someone convicted of a second sex offense against a child could be subject to execution

by Ron Jenkins /The Associated Press

March 07, 2006

OKLAHOMA CITY — Repeat sex offenders could be executed under a bill approved Tuesday by the Oklahoma Senate.

Backers of the legislation, which now goes to the House, called it a groundbreaking measure to protect children, while opponents called it extreme and unconstitutional.

“This is a redneck re-election bill,” said Sen. Bernest Cain, D-Oklahoma City. “This is a way to get your rednecks out to vote, who believe we ought to fry a lot of people.”

Under the bill by Sen. Jay Paul Gumm, D-Durant, a second sex offense against a child could subject someone to execution or life in prison without parole.

Some senators questioned the bill's constitutionality since the U.S. Supreme Court had required aggravating circumstances to be present in murder cases that lead to the death penalty.

“Child molestation in many ways is the most heinous of crimes,” said Gumm. “We allow the death penalty for someone who has killed the body. Why in the world would we allow someone to escape who has killed the soul?”

Source


Tuesday, March 14, 2006

KNBC motion to have cameras in the courtroom granted

KNBC 4 news has filed a motion to have its cameras in the courtroom for the proceedings of the perverts caught during the Dateline NBC / Perverted Justice / Riverside County Sheriff's Department sting operation in January.

That motion was granted today.

This is great news, the more media coverage, the better.


Daniel Allen sentencing delayed

Daniel AllenDaniel Joseph Allen, one of the perverts caught in the Internet sting by Dateline NBC / Perverted Justice / Riverside County Sheriff's Department, has had his sentencing delayed until April 14th.

Allen was supposed to be sentenced this Friday. He has plead guilty to an attempted lewd act with a child under 14.

He is the first one I know of to have plead guilty and would have been our first chance to see what type of sentence these perverts will get.


Deal Reached in Franciscan Sex Abuse Suits

The Catholic Church tentatively agrees to pay more than $28million to 25 alleged victims. It may be a benchmark for L.A. Archdiocese cases.

By Jean Guccione, Times Staff Writer
March 14, 2006

The Roman Catholic Church has tentatively agreed to pay more than $28 million to 25 people who say they were molested by Franciscan friars, attorneys involved in the negotiations said Monday.

The deal marks the first settlement involving the Los Angeles Archdiocese since the sex-abuse scandal began four years ago. It comes as lawyers were preparing to try the first cases against the Franciscan Friars of California and the Los Angeles Archdiocese for failing to protect children from predatory priests.

"We are delighted to see the successful resolution of these cases involving the Franciscans and would hope it would stimulate comparable participation with other orders as well," said attorney J. Michael Hennigan, who represents Cardinal Roger M. Mahony in the clergy sex-abuse litigation. The archdiocese, slated to contribute less than $2 million, is still working with insurers to come up with its share of the settlement, he said.

Though named in most of the lawsuits, the archdiocese played a minor role in the proposed deal, according to lawyers, because Franciscan priests and brothers allegedly molested most of their victims at the now-defunct St. Anthony's Seminary in Santa Barbara. A few cases involved Franciscans at church parishes within the archdiocese.

Click here to read the complete article.


Menlo Park Man Sentenced to Prison for Molestation

A Menlo Park man accused of molesting his 7-year-old niece multiple times was sentenced to 18 years in prison after pleading no contest in a San Mateo County courtroom.

Urbano Banderas, 43, pleaded no contest on Monday to three counts of committing a lewd act with a child under the age of 14 by means of force, violence or fear, the San Mateo County District Attorney's office reported.

Banderas was arrested on June 25 after he brought his young niece, who lives in Shafter, Calif., to his Menlo Park home for a two-week visit, according to the district attorney's office.

During the visit, Banderas sodomized and digitally penetrated his niece. He also reportedly forced his niece to engage in sexual intercourse with him, according to the district attorney's office.

The district attorney's office reported that during the sexual assaults, Banderas told his niece that he would kill whomever she told about the attacks.

The victim returned home and didn't mention what had happened until her mother saw hickeys on her neck and questioned her, the district attorney's office reported.

Banderas, who remained in custody in lieu of $500,000 bail since his arrest in June, was scheduled to go to trial on April 10.

Source


What is going on with Riverside Judge Bernard J. Schwartz?

Who is Riverside Superior Court Judge Bernard J. Schwartz and why should we care?

Judge Schwartz is presiding over the the cases of the Internet Perverts busted by Dateline NBC / Perverted Justice / Riverside County Sheriff's Department in January.

When I first heard Judge Schwartz was presiding over these cases I spoke with someone who has been in the DA's office for many years to get their opinion of him. They told me they thought he was a good and fair judge.

That was good to hear and certainly better than finding out we had some soft on crime weenie Judge who was going to let all these perverts go with a slap on the wrist.

Well it has since come to light that Judge Schwartz has some legal issues of his own. This may be of concern considering what has been going on with Judge Connor in Ohio.

Here's the deal. Last July Judge Schwartz was pulled over in Pismo Beach for drunk driving.

In September Judge Schwartz pleaded no contest and was convicted of violating California vehicle code 23152(b), driving under the influence.

There is another problem though. According to Pismo Beach Police Judge Schwartz repeatedly tried to avoid being arrested because he is a judge. Considering he had a blood alcohol level TWICE the legal limit it's amazing he even remembered he is a judge.

That has landed Judge Schwartz in a heap of trouble with the Commission on Judicial Performance.

You can read the official Notice of Formal Proceedings below. It contains quotes of what the police officers claim Judge Schwartz told them at the scene and it is disturbing.

After that you can read the press release.

Judge Schwartz was supposed to respond by yesterday. That response is not yet available for the public. I will post it when it becomes available.

Judge Schwartz has allegedly used his position of authority to try to circumvent the law for his own personal gain.

Let's hope Judge Schwartz does not allow his personal legal issues influence the outcome of the proceedings before him. He is up for re-election this June. Rest assured, we will be watching Judge Schwartz and how he handles these cases.




STATE OF CALIFORNIA

BEFORE THE COMMISSION ON JUDICIAL PERFORMANCE

INQUIRY CONCERNING

JUDGE BERNARD J. SCHWARTZ,

NO. 178.
NOTICE OF FORMAL PROCEEDINGS


To Bernard J. Schwartz, a judge of the Riverside County Superior Court from October 9, 2003, to the present:

Preliminary investigation pursuant to Rules of the Commission on Judicial Performance, rules 109 and 111, having been made, the Commission on Judicial Performance has concluded that formal proceedings should be instituted to inquire into the charges specified against you herein.

By the following allegations, you are charged with willful misconduct in office, conduct prejudicial to the administration of justice that brings the judicial office into disrepute and improper action within the meaning of article VI, section 18 of the California Constitution providing for removal, censure, or public or private admonishment of a judge or former judge, to wit:

COUNT ONE

On the night of July 16, 2005, in Pismo Beach, California, you committed the crimes of driving while under the influence of alcohol in violation of Vehicle Code section 23152(a) and driving while having a .08 percent or higher blood alcohol level in violation of Vehicle Code section 23152(b). You had a blood alcohol level of .17, .18 percent, as evidenced by your breath test. On September 6, 2005, upon a plea of no contest in San Luis Obispo County Superior Court case number M376280, you were convicted of violating Vehicle Code section 23152(b).

Your conduct violated the Code of Judicial Ethics, canons 1 and 2A.

COUNT TWO

Before and after your arrest by the Pismo Beach Police Department for the crimes referenced in count one, you repeatedly attempted to avoid being arrested and incarcerated and to otherwise receive preferential treatment because you were a judge, as exemplified by the following.

Pismo Beach Police Officer Trimble observed your vehicle "swerving all over the road" and pulled you over after you twice violated Vehicle Code section 21460(a) (driving to the left of double parallel solid lines). It appeared to the officer that you had been drinking. When he requested that you take a preliminary alcohol screening (PAS) test, you responded, "Did you run my license yet?" When the officer said that he had not and again asked you to take the PAS test, you responded, "Why don’t you run my license and then we can talk?" When the officer asked if you were trying to tell him that you were a police officer, you responded, "No, I’m a judge."

Pismo Beach Police Sergeant Portz arrived on the scene and you took a PAS test. Officer Trimble informed you that the test indicated that your blood alcohol level was .15, which was over the legal limit of .08. You asked if you could just go back to the hotel (where you were staying for the weekend) and leave your car. The officer told you "my hands are tied" and there was "nothing I can do."

Officer Trimble then asked you questions regarding your drinking and driving. You claimed to have had only "a couple of glasses of wine," denied being under the influence of alcohol, and asked, "Is this really necessary, all this stuff we have to go through?" Sergeant Portz responded that they had to do their job "unbiased."

After you performed poorly on field sobriety tests, Officer Trimble asked if you would agree to another PAS test. You again asserted, "I’m really not under the influence. I’ve had a couple of drinks, but I’m really not under the influence." Sergeant Portz again told you "we’re just trying to do our job, unbiased and fairly to everybody."

When you took a second PAS test, Officer Trimble informed you that it indicated a higher alcohol level (.18) than the first test. When the officer told you that you were under arrest and asked that you place your hands behind your back, you responded, "Can you consider the circumstances of it, and I can just leave my car here, and take me back to the hotel; is that a possibility?" Sergeant Portz again told you "we have to be fair and unbiased, sir." You responded, "but you know what this is going to do; this will substantially impair my career." Officer Trimble said that "if I let you go, it could impair my career." You then said, "you don’t have to let me drive; you could just let me go home." Officer Trimble told you "I can’t do that."

You persisted by asking, "can’t you guys consider the circumstances?" Sergeant Portz responded, "Sir, I’ve already told you that we’ve made our decision. This is the way it’s got to happen." You again asserted, "this really is going to affect my career, I don’t know if you realize that." When Sergeant Portz suggested that you would still have a job, you responded, "No, no, I really won’t." You informed the officers that you would have to "self-report" the DUI to the Commission on Judicial Performance.

After being placed in a patrol car, you said, "You know what? Just leave my car there; just take me back to the hotel and I’ll go to sleep. You can have my keys." After Sergeant Portz told you two more times that they had to be "fair" with everyone, you responded, "I know. But, I’m all of a mile away from the hotel. … I know you guys are doing your job, but this is not good for me. I’m running for election next year and this is not a good time."

After you were taken to the police station, you asked to speak to a "lieutenant or captain." Sergeant Portz told you that you would first have to take the breath test (that you had chosen to take rather than a blood test) to determine your blood alcohol level. Later, but still before taking the breath test, you again asked, "Is there a lieutenant or captain or somebody that I can speak to?" The sergeant again told you that you would first have to take the test.

You again talked about the Commission on Judicial Performance and being up for reelection and losing your judgeship. Sergeant Portz again told you that they had to be "fair and unbiased." You responded, "But, this is a substantial issue with my career. All you have to do is just take me back to the hotel and I’ll go to sleep and wake up in the morning and get my car." You again asked the sergeant, "Is there someone I can talk to before I take the test?" He reiterated that you first had to take the test. When the sergeant informed you that the result of the breath test was ".17, .18," you recognized "that’s not good" and again asked to speak to a lieutenant or captain.

After Sergeant Portz informed you that you would be held in custody until the next morning or until your wife, who was several hours away, could pick you up, you asked the sergeant if he could telephone the "on-call judge." Despite the sergeant telling you that he could not "because you are a citizen of the State of California and we’re treating you like everybody else," you persisted in asking him to call a judge that you could talk to.

Your efforts to obtain preferential treatment having failed, you told Sergeant Portz and Officer Trimble "there is no professional courtesy here anymore" and used vulgarity. You then stated, "You guys come in and appear before me" in court on certain matters. When the sergeant asked you why you brought that up, you said, "because I’m not being treated fairly." The sergeant responded, "We’re treating you about as fair as we can, same as everybody else. What you are asking for is special treatment." You acknowledged, "To some degree, I guess."

Your conduct violated the Code of Judicial Ethics, canons 1, 2A and 2B(2).

YOU ARE HEREBY GIVEN NOTICE, pursuant to Rules of the Commission on Judicial Performance, rule 118, that formal proceedings have been instituted and shall proceed in accordance with Rules of the Commission on Judicial Performance, rules 101-138.

Pursuant to Rules of the Commission on Judicial Performance, rules 104(c) and 119, you must file a written answer to the charges against you within twenty (20) days after service of this notice upon you. The answer shall be filed with the Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San Francisco, California 94102-3660. The answer shall be verified and shall conform in style to subdivision (b) of rule 14 of the California Rules of Court. The Notice of Formal Proceedings and answer shall constitute the pleadings. No further pleadings shall be filed and no motion or demurrer shall be filed against any of the pleadings.

This Notice of Formal Proceedings may be amended pursuant to Rules of the Commission on Judicial Performance, rule 128(a).

BY ORDER OF THE COMMISSION ON JUDICIAL PERFORMANCE

DATED: _______2/3/06_________
__________________ /s/ __________
MARSHALL B. GROSSMAN
CHAIRPERSON


#####

COMMISSION ON JUDICIAL PERFORMANCE
455 Golden Gate Avenue, Suite 14400
San Francisco, CA 94102

_______________________________
Contact: Victoria B. Henley
Director-Chief Counsel February 27, 2006
(415) 557-1200
_______________________________

FOR RELEASE
February 27, 2006


JUDICIAL PERFORMANCE COMMISSION INSTITUTES FORMAL
PROCEEDINGS CONCERNING JUDGE BERNARD J. SCHWARTZ

The Commission on Judicial Performance has instituted formal proceedings to inquire into matters concerning Judge Bernard J. Schwartz of the Riverside County Superior Court. The commencement of formal proceedings is not a determination of judicial misconduct. The formal proceedings concern allegations that the judge (1) committed and was convicted on a plea of no contest to the crime of driving while having a 0.08 percent or higher blood alcohol level; and (2) repeatedly attempted to avoid being arrested and incarcerated and to otherwise receive preferential treatment because he was a judge. It is alleged that these actions constitute willful misconduct in office, conduct prejudicial to the administration of justice that brings the judicial office into disrepute and improper action.

In accordance with the rules that govern Commission proceedings, a hearing will be conducted by Special Masters appointed by the Supreme Court. At the hearing, the parties will have an opportunity to introduce evidence and examine and cross-examine witnesses. Judge Schwartz is represented by attorney Edward P. George, Jr., in Long Beach, California.

Following completion of the hearing, the Special Masters will provide the Commission with a report containing findings with respect to the charges. The parties will have an opportunity to present their views on the report to the Commission through briefing and argument. If the Commission determines that charges are proved by clear and convincing evidence, it is empowered to remove, censure, publicly admonish, or privately discipline the judge. Charges that the Commission determines are not proved will be dismissed. A determination by the Commission to remove, censure, or admonish a judge is subject to discretionary review by the Supreme Court upon petition by the judge.

The Notice of Formal Proceedings is available for public inspection at the Commission office. A copy of the Notice of Formal Proceedings is also posted on the Commission’s Web site at www.cjp.ca.gov (under "Press Releases"). Judge Schwartz’s Answer to the notice is presently due March 13, 2006. Upon filing, Judge Schwartz’s Answer will be made available for public inspection.

* * *

The Commission is composed of three judges, two lawyers, and six public members. The Chairperson is Marshall B. Grossman, Esq., of Los Angeles, California.

Source


Is Ohio Judge John A. Connor the worst judge in America?

The people of Ohio need to get this guy off the bench

Judge John Connor is a real piece of work. 46 year old Andrew Selva was indicted on 20 counts of rape. Who were his victims? Two young boys ages 5 and 12. In the end Selva plead guilty to just two charges.

How much time did Judge Connor give this admitted child rapist who has been labeled a sexual predator?

None. Not a single day in prison.

Why would a judge do this? Well according to Judge Connor "he's got a disease like I've got a disease".

According the the O'Reilly Factor, Judge Connor has been arrested 8 times for DUI and has 3 convictions for DUI. He was even reportedly arrested on a cocaine charge.

Bill O'Reilly said that Judge Connor once sentenced a guy with a long rap sheet to 9 months for DUI. The guy violated his probation but Judge Connor did not sent him to jail. The same guy later killed 2 people while DUI, a 20 year old boy and a 19 year old girl.

Apparently Judge Connor is of the belief that alcoholism and raping children are both diseases that need treatment. After all, you don't lock someone up for having a disease.

That's great news for child rapist Andrew Selva who is now sitting at home doing who knows what.

Does anyone still question why we have mandatory minimum sentencing here in California?


Monday, March 13, 2006

Perverted Justice helps bust another Internet Pervert in Laguna Beach

Laguna Beach Police arrested 24 year old Fernando Guerin Jr. for attempted child molestation. They caught him at a park thinking he was going to meet a 13 year old girl for sex.

Click here to watch the CNN video.

It also has portions of audio where you can hear the decoy talking on the phone with a pervert. Caution, it can be disturbing.


Sex predator is due back

Now grown, victim has flashbacks

By Sam Stanton -- Bee Staff Writer
Published 2:15 am PST Monday, March 13, 2006
Story appeared on Page A1 of The Bee

EDMOND, Ore. - Eighteen years have gone by since Rickie Morton was molested as a young boy, but he retains a vivid memory of the man slipping into the bedroom of his Sacramento home in complete darkness.

"The house is just pitch black," the 27-year-old former area baseball star recalled in an interview last week. "All I could see was this red cherry, this cigarette just creeping toward me."

Behind the lit cigarette was Timothy Lee Boggs, a car salesman, welder and fishing guide who had taken 9-year-old Rickie and his family on fishing trips.

Only much later would the family learn that Boggs had been convicted four years earlier of fondling another 9-year-old boy.

Boggs is now 51 and considered by the state to be a sexually violent predator, a classification that landed him in the Atascadero State Hospital in 1999 after eight years in prison. Because he had more than one victim and was found by a court to have a mental disorder that could make him likely to re-offend, Boggs was sent to the state hospital's treatment program.

Now, he is poised to be released somewhere in Sacramento County as only the fifth man to complete the state's four-stage treatment program inside Atascadero since 1996. More than 550 men have been committed to the program at Atascadero, but more than two-thirds refuse to take part in treatment there, a recent Bee investigation found.

Boggs' release has been scheduled for 10 months, but has been delayed repeatedly while officials figure out where he can live while undergoing the strict monitoring and outpatient therapy required in the fifth and final stage of treatment for such offenders.

Boggs has declined to be interviewed, but once he is moved out of Atascadero he can expect to face the same scrutiny that accompanied the releases of some of California's most notorious sex offenders.

Patrick Ghilotti, Brian DeVries, Cary Verse and Matthew Hedge all completed the treatment program inside Atascadero, and upon release all four of them were hounded by loud protests and media attention.

Verse was forced from four homes by such protests, and Hedge lasted only six weeks on the outside before state officials won a court order returning him to Atascadero.

Click here to read the complete article.


'Being victimized all over again'

A woman struggles with anger as a conviction in a molestation case is nullified.

12:49 AM PST on Monday, March 13, 2006

By MICHAEL FISHER / The Press-Enterprise

Tormented by the memories of repeated molestations, Christina Barquera considered giving up as she testified in a Riverside County courtroom against the relative accused of sexually abusing her as she grew up in Corona.

But her fear dissolved into determination. Two years earlier, she had steeled herself to confront Donald Edward Nelson on an autumn afternoon as Corona police secretly listened. A jury that heard the 1999 taped conversation and Barquera's later testimony convicted Nelson of 52 counts of child molestation. He was sentenced to 110 years in prison in 2001.

A relieved Barquera figured Nelson was locked away. She felt liberated, vindicated.

Nearly five years later, Barquera is again struggling with anxiety, anger and resolve as Nelson walks free, awaiting a new trial after his first conviction was nullified by a U.S. Supreme Court decision in an unrelated case.

"It's like being victimized all over again, knowing you're going to have to go back to trial and relive those moments all over again," said Barquera, now 26, who agreed to be identified for this story. "You try so hard to suppress everything and to block it out and you think it's finally over and then one day you read (a newspaper) article and you realize you have to ... relive it all again."

Click here to read the complete article.


Sunday, March 12, 2006

What do Inderjeet Singh and David Allyn Dokich have in common?

David Allyn DokichInderjeet Singh was one of the Internet Perverts caught duing the Dateline NBC / Perverted Justice / Riverside County Sheriff's Department sting operation into Internet luring.
Inderjeet Singh
You may remember this conversation Inderjeet had with Dateline NBC's Chris Hansen:

Inderjeet Singh: "Well, you can talk, you can converse, but it doesn’t mean that I’m going to do it, unless you catch me at one point doing it."

Hansen: "So you say I would have to catch you having sex with a 13-year old girl before you could get in trouble."

Singh: "Before you can put me against the law, yeah."

Inderjeet went from all smiles to no smiles when he was arrested as you can see in the shots below.

So what do High Risk Sex Offender David Allyn Dokich and Inderjeet Singh have in common, other than an apparent predilection towards teenage girls?

They both have the same high powered defence attorney, Virginia Blumenthal.

Virginia defended Dokich during his second rape trial here in Riverside. Now she is defending Inderjeet Singh.

Virginia's website says they "use psychiatrists, forensic experts, and testimony to call into question evidence and the state of mind of the accuser."

That's fancy talk for attacking the credibility of the victim.

Let's hope that, like in the case of David Allyn Dokich, Virginia Blumenthal fails and Inderjeet ends up behind bars.


Inderjeet SinghInderjeet Singh was all smiles when talking with Chris Hansen of Dateline NBC

Inderjeet SinghInderjeet Singh was not smiling any longer when Sheriff Deputies slapped the cuffs on him


Prison reform needs reform

Corrections system can't do task alone

Mark Martin, Chronicle Sacramento Bureau

Sunday, March 12, 2006

Sacramento -- When Roderick Hickman abruptly quit his job as California's top prisons official last month, a chorus of critics chided him for bungling the effort to turn around one of the nation's most dysfunctional law enforcement agencies.

In two years on the job, Hickman had infuriated nearly everyone involved in state corrections. The politically potent prison guards union charged that violence inside prisons had risen under his watch and ridiculed him almost daily on an Internet blog popular with prison employees. Inmate advocates, meanwhile, suggested Hickman said all the right things about reforming the system but ignored basic problems -- one lawyer noted that while Hickman organized a bureaucratic revamping of the department that included a name change, doctors at San Quentin State Prison went without a sink to wash their hands in between seeing patients.

But the consensus that Hickman failed to enact real change misses a key point that illustrates problems both with California's prisons and its politics. To truly fix what's broken behind bars in this state, experts say that the governor and Legislature -- not the head of the corrections system -- need to take action.

"In essence, we're blaming the wrong person for the prison problem," argues Joan Petersilia, a nationally-known corrections expert at UC Irvine. "Prison reform can't really happen inside prisons."

Scholars such as Petersilia who have studied California's overcrowded, $8 billion corrections system have repeatedly concluded that many of the system's troubles stem from poorly thought out criminal justice policies.

Sentencing laws enacted more than 30 years ago, and repeatedly described as a failure, require nothing of inmates, who sit in cells or on yards instead of entering drug treatment or vocational education programs. Corrections administrators have little power to determine when an inmate is truly ready to leave prison, and that results in the daily release of dangerous people back into the neighborhoods they previously terrorized. Overburdened parole agents are required to monitor virtually every parolee, leaving the agents little time to concentrate on the parolees most likely to pose a threat to citizens. That has resulted in this shocking fact: More than 20,000 California parolees are unaccounted for on any given day.

Click here to read the complete article.



 
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