RM283: Behind the Advocacy in Pennsylvania with Randall Hayes

PARSOL, at the forefront of advocacy, urges the Supreme Court of Pennsylvania to support Judge Allison Bell Royer’s ruling in Comm. v. George Torsilieri, challenging the constitutionality of Pennsylvania’s Megan’s Law Sex Offender Registration and Notification Act (SORNA). Royer found SORNA unconstitutional, citing issues like an irrebuttable presumption, punitive nature, and violations of federal and state prohibitions.

Recent arguments saw Commonwealth attorney Ronald Eisenberg asserting high sex offender recidivism, countered by Justice Christine Donahue citing a record indicating “80 to 95 percent of [past] offenders are likely NOT to recidivate,” challenging prevailing beliefs.

PARSOL’s advocacy is rooted in a “person-first approach,” emphasizing prevention, treatment, and healing. Randall Hayes, PARSOL Legislative Director, stresses the potential for individuals to change, advocating for a fair and just society.

Theresa Robertson, PARSOL executive director, supports this with research, asserting sex offense registries’ ineffectiveness and their contribution to increased re-offense likelihood.

Appellee attorney Aaron Marcus aligns with PARSOL, emphasizing the enduring impact of the registry’s label on aspects like employment and mental health.

Eisenberg contends that the court shouldn’t determine the legislature’s foundation for the registry, while PARSOL calls on legislators to reject fear-based legislation, advocating for fact-based approaches from the American Law Institute.

In conclusion, Comm. v. George Torsilieri serves as a focal point for PARSOL’s advocacy against SORNA’s constitutionality. The organization champions a person-first approach, challenging prevailing narratives with legal arguments, statistical insights, and a call for evidence-based policies. This ongoing discourse underscores the intricacies of managing sexual offenses and the necessity for balanced, rights-conscious policies prioritizing individual dignity.

https://www.registrymatters.co/podcast/rm283-behind-the-advocacy-in-pennsylvania-with-randall-hayes

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM282: Registry Realities: NARSOL vs. Stein’s Legal Odyssey

[3:18] Larry discusses an email sent to legislators in his state and plans to educate people on how to write to lawmakers effectively. Andy sarcastically reads a poorly written email opposing gun control legislation, highlighting its flaws.

[16:16] A conversation delves into the NARSOL vs. Stein case in North Carolina, involving challenges to the Sex Offender Registry. The dialogue explores plaintiff claims of punitive effects, legislative intent, and legal changes while highlighting the need for constitutionality in the regulatory framework.

https://www.registrymatters.co/podcast/rm282-registry-realities-narsol-vs-steins-legal-odyssey

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM281: Beyond the Headlines: Debunking the ‘Caught Seeking Minors’ Narrative

[2:44] A federal court granted a Temporary Restraining Order, halting the Halloween sign requirement for registered sex offenders in Missouri, citing First Amendment violations and ruling in favor of the plaintiff, Thomas Sanderson. Other Halloween restrictions remain in place.

[14:34] A listener asks about the impact of the latest SORNA regulations, particularly one from January 7th, on their minimal registration requirements as a pre-2012 conviction in Pennsylvania. Larry explains that the rule didn’t significantly change anything but has caused concern among some.

[19:18] The listener, Jack, seeks clarification on how federal SORNA regulations might affect him and what actions he should take. Larry explains that until the Pennsylvania State Police or the state’s legislation mandates additional requirements, he should continue to follow Pennsylvania’s laws and not worry about federal regulations. If such a letter arrives, it would be the time to address the issue.

[27:35] Kathleen shares the great news that her son was found not guilty in his trial, and the jury determined he had no intent to engage in illegal activities with a minor. They discuss the common misconception about entrapment cases and how law enforcement creates misleading scenarios. The conversation touches on jury selection and the challenges of finding impartial jurors. Larry emphasizes the importance of an open-minded jury and the use of peremptory challenges to shape the jury panel.

https://www.registrymatters.co/podcast/rm281-beyond-the-headlines-debunking-the-caught-seeking-minors-narrative

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM280: Defamation vs. Survivor Protection: The Bill’s Battle

[2:17] Doug in Michigan is questioning the appropriateness of his parole stipulations, specifically the ban on social media usage, which he believes might not be tailored to his case and is considering challenging it.

[6:04] The individual is questioning whether they have the legal standing to challenge the way the sex offender registry has been applied to them, given that their conviction for producing child pornography occurred in 2010, before a change in the law, but they were mistakenly recorded as having committed the offense in 2015, and they are seeking advice on how to rectify this error.

[13:57] In California, the “Right to Speak Your Truth Act” has been signed into law, offering sexual assault survivors protection against weaponized defamation lawsuits. Andy supports the bill, asserting that it safeguards survivors’ voices, as false sexual assault accusations are infrequent, allowing them to speak without fear of legal repercussions. Larry, however, expresses concerns about the bill, fearing it may stifle free speech by making it harder to defend against false allegations. The script delves into a detailed discussion of the bill’s pros and cons, and its potential passage in New Mexico. While Larry doubts its success in 2024, he foresees the bill gaining momentum.

[25:39] The discussion revolves around a case in the New Mexico Supreme Court, State vs. Marquez, focusing on the admissibility of prior bad acts under Rule 404(b) and the prosecutors’ alleged misconduct in introducing evidence without proper notice or authority, potentially violating the defendant’s rights.

[39:02] The discussion revolves around the purpose and process of grand juries, with the article suggesting that grand juries are often a rubber-stamp for prosecutors, and that they may need to be abolished due to their limited oversight and power.

https://www.registrymatters.co/podcast/rm280-defamation-vs-survivor-protection-the-bills-battle

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM279: Free Speech vs. Public Safety: The Halloween Sign Lawsuit

A federal lawsuit has been filed in Missouri challenging a state law that mandates registered sex offenders to display a sign on their front door on Halloween. The plaintiff, Thomas J. Sanderson, argues that this requirement violates his First Amendment rights by compelling him to engage in false and political speech. The lawsuit seeks to halt the enforcement of this sign requirement. The organization ACSOL is involved in the case, and similar challenges to Halloween sign requirements have been successful in California. The plaintiff and his family fear that the sign will put them at risk, a concern recognized in a previous California case where a court found such requirements unconstitutional and endangering to registrants and their families. An application for a temporary restraining order will be filed in this Missouri case soon.

[1:18] The conversation between Andy and Larry revolves around the deposition of the Speaker of the House. They discuss the rarity of such removals, the deal made by McCarthy to become Speaker, the reasons behind McCarthy’s ousting, and its potential similarity to events in Tennessee or Kentucky. They also touch upon the short-term government budget and the uncertainty at the end of November, as well as the possibility of federal employee paychecks being affected. Lastly, they consider whether the situation should be of concern to Public Financial Representatives (PFRs).
https://www.allsides.com/news/2023-10-04-0920/general-news-thoughts-mccarthy-ouster

[11:53] We discussed controversial recommendations in Washington state to remove community notifications for released sex offenders. Larry clarified that the uproar was due to a misunderstanding: it was the Model Penal Code, not the Washington State Sex Offender Policy Board, suggesting this change. Although Washington is known for its liberal leanings, sympathy for PFRs (Persons Found Responsible) is limited. The SOPB doesn’t intend to support the proposal, and due to strong backing for community notification on the board, such changes are unlikely to pass legislative scrutiny
https://komonews.com/news/local/state-panel-addresses-confusion-outrage-over-sex-offender-notification-damage-control-washington-policy-board-community-misunderstanding-model-penal-code-public-safety-difficult-reintegration-research-document-agenda-packet


[16:47] Jace Hambrick, initially convicted in a child sex sting, was recently acquitted after five years. Responding to an ad on Craigslist, Hambrick engaged in a conversation with an undercover detective who posed as a 13-year-old girl. His convictions, based on a bench trial, were later appealed due to violations of his right to a jury trial and insufficient evidence. A new jury trial found him not guilty, emphasizing issues with the investigation and Hambrick’s clean record. The case highlighted concerns about the conduct of online predator stings and their outcomes, marking a significant turn of events for Hambrick after years of legal battles.
https://www.columbian.com/news/2023/oct/02/portland-man-arrested-in-clark-county-sting-acquitted-of-child-sex-abuse-in-new-trial/

[30:39] https://all4consolaws.org/2023/10/mo-federal-lawsuit-challenges-missouri-halloween-sign-requirement/

[46:27] Teens are being extorted for sharing pictures of their junk
https://www.washingtonpost.com/parenting/2023/10/02/teen-boys-sextortion/

[52:43] Florida has implemented new laws, including a controversial change to its death penalty provisions, allowing child rapists who victimize children under 12 to face execution. However, higher courts have previously ruled such sentences as unconstitutional under the 8th Amendment. Governor Ron DeSantis signed the law, claiming it targets the “worst of the worst” serial offenders, despite bipartisan support. Critics, including Maria DeLiberato from Floridians for Alternatives to the Death Penalty, argue that while child sexual battery is abhorrent, it’s crucial to consider the Supreme Court’s stance and the complex dynamics involved in cases where children know their abusers, potentially leading to family divisions on the issue.
https://www.news4jax.com/news/local/2023/10/01/death-penalty-for-child-rape-goes-into-effect-in-florida/

https://www.registrymatters.co/podcast/rm279-free-speech-vs-public-safety-the-halloween-sign-lawsuit

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM278: Lifelong Registration vs. Justice: The Malone Story

“Malone’s Appeal: Lifetime Registration Under SORA Challenged in Michigan Courts” – This podcast delves into the legal battle of Kenneth Malone, who appealed his lifelong registration under the Sex Offenders Registration Act (SORA) in Michigan. Despite Malone’s argument that this constituted cruel and unusual punishment, the Court of Appeals upheld his registration. Andy and Larry dissect Malone’s case, discussing the appropriateness of his legal approach, his history of mental health issues, and the gravity of his offense. They also explore the debate surrounding the effectiveness of sex offender registries and the potential for a different outcome in the Michigan Supreme Court.

[2:30] Letter from a concerned listener

[12:08] Washington State is considering having PFRs non-public
https://newstalk870.am/wa-panel-might-push-to-outlaw-sex-offender-community-notifications/

[16:09] Michigan Court of Appeals affirms lower court ruling in Lifelong Registration
https://www.macombdaily.com/2023/09/22/court-of-appeals-rejects-cruel-unusual-punishment-claim-in-lifetime-sex-offender-registration/

[45:12]
https://www.latimes.com/california/story/2023-09-26/wrongly-accused-of-rape-in-l-a-county-as-a-teen-man-freed-from-prison-after-28-years

https://www.registrymatters.co/podcast/rm278-lifelong-registration-vs-justice-the-malone-story/

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM277: Supreme Court Showdown – Is He REALLY ‘In Custody’?

In this episode, we discuss the Clements v. State of Florida case currently before the U.S. Supreme Court. Andy is intrigued by the case and wonders why Larry waited until the last minute to discuss it. Larry explains that he only learned about it recently. They delve into the details of the case, where Clements filed a petition for a writ of habeas corpus, claiming that sex offender registration and restrictions should qualify as being “in custody.”

Larry is skeptical of this argument, stating that Clements is not technically in custody as defined by the law. Andy argues that the registration requirements are similar to probation, but Larry disagrees, emphasizing the differences. They also debate whether the case has practical consequences for individuals facing restrictions on their liberty due to sex offender registration.

[4:44] A young woman from West Virginia informed the Wyoming legislative committee that a former youth pastor who groomed her during her teenage years is currently residing in Wyoming without facing any consequences.
https://www.wyomingnews.com/news/local_news/victim-warns-judiciary-committee-that-some-sex-offenders-go-unpunished-in-wyoming/article_a28c32f4-5721-11ee-9347-e30101cb22b8.html

[19:20] Discussion about Clements v. State of Florida, emphasizing the pro se petition’s importance in establishing custody.
https://www.scotusblog.com/2023/09/florida-man-subject-to-lifetime-sex-offender-registration-requirements-argues-that-he-is-in-custody-for-purposes-of-federal-post-conviction-laws/

[41:21] Law enforcement recommended considering legal action against a minor due to explicit photo-sharing, a practice experts note as frequent.
https://apnews.com/article/ohio-police-child-sexual-abuse-response-tiktok-0477a43e82b1d9120b35d8ce223af007

https://www.registrymatters.co/podcast/rm277-supreme-court-showdown-is-he-really-in-custody/
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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM276: Challenging Connecticut: PFRs Fight for Online Privacy

In this episode of Registry Matters: In a recent Connecticut case, a federal judge ruled in favor of sex offender James Cornelio, stating that the state’s law mandating disclosure of online aliases and email addresses violated his First Amendment rights. Judge Jeffrey Meyer acknowledged that while the law didn’t outright ban speech, it inhibited Cornelio’s ability to communicate freely online, especially anonymously. Initially, the judge had dismissed the case, but the Second Circuit reversed, demanding evidence that the law effectively prevented or detected crimes. Upon reevaluation, Judge Meyer found the state’s failure to demonstrate the law’s effectiveness over its 15-year existence and granted Cornelio declaratory and injunctive relief. The Connecticut Attorney General’s office is reviewing the decision, facing challenges to overturn it, and navigating potential political implications for the upcoming 2024 election. This case underscores the tension between public safety and individual First Amendment rights in sex offender registration laws.

Also we covered:

[12:50] A long time patron asks for Larry’s opinion on the governor’s ability to limit constitutional rights during a state of emergency, including issues like housing troops and the right to trial by jury.

[19:49] Why someone in Wisconsin is still on GPS monitoring despite a Supreme Court ruling and clarified statutes regarding repeat habitual sex offenders.

[26:47] The case from Connecticut involves a law mandating disclosure of email addresses and online identifiers, which a federal judge ruled to have chilled the communication of PFRs (Potentially Frightening Recipients). The speaker notes that the other person was initially skeptical but acknowledges the judge’s decision in favor of the plaintiff.
https://www.courthousenews.com/connecticut-disclosure-rules-for-sex-offenders-unconstitutional/

[44:03] Louisiana Supreme Court, State vs. William Lee, and questions its relevance to PFRs (Persons Forced to Register

https://www.registrymatters.co/podcast/rm276-challenging-connecticut-pfrs-fight-for-online-privacy

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM275: Locked In Unless Innocent In Texas

In a 6-3 decision, the Texas Court of Criminal Appeals ruled that “judicial clemency” does not exempt sex offenders from registration. The doctrine, established in 1965, allowed courts to dismiss charges and penalties after probation. Danny Richard Lane’s case exemplifies the issue; though he believed judicial clemency cleared his duty to register, the court ruled that only a pardon based on innocence or a conviction reversal can terminate this obligation.

[4:27] https://thecrimereport.org/2023/09/07/judicial-clemency-does-not-forgive-sex-offender-registration/

[36:39] https://www.cbsnews.com/news/leonard-mack-exonerated-47-years-after-wrongful-rape-conviction/

[41:24] https://www.npr.org/2023/09/07/1198160934/actor-danny-masterson-sentenced-to-30-years-to-life-in-prison-for-rape

[44:23] https://reason.com/2023/09/06/with-22-year-sentence-ex-proud-boys-leader-enrique-tarrio-pays-hefty-trial-penalty/

https://www.registrymatters.co/podcast/rm275-locked-in-unless-innocent-in-texas

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.


RM274: Exposing SVORA’s Secrets: The Montana Supreme Court Verdict

This is a deep dive into Montana v. Richard Hinman case, which was decided by the Montana Supreme Court. They discuss the background of the case, the retroactive application of the Sexual or Violent Offender Registration Act (SVORA), and its constitutionality in relation to ex post facto punishment. They also emphasize the significant changes in SVORA over the years, particularly the increased burdens and restrictions placed on registrants, leading to the court’s conclusion that the law since 2007 is punitive and cannot be applied retroactively. The court’s decision highlights the substantial limitations on registrants’ liberty and privacy, ultimately determining that SVORA, as it exists today, is unconstitutional in this regard.

[6:19] Can New York’s Sex Offender Registry guidelines be legally challenged for scientific accuracy?

[14:42] What is the impact of judicial appointments on court decisions, emphasize the need for bipartisan support in issues like qualified immunity, and highlight a recent positive change where certain amendments to federal sentencing guidelines will be applied retroactively, potentially reducing sentences for thousands of incarcerated individuals.
https://www.courthousenews.com/ninth-circuit-panel-shakeup-leads-to-reversal-in-lapd-officer-immunity-bid/

[26:37] The National Association for Criminal Defense Lawyers applauds the US Sentencing Commission’s vote to make recent amendments to sentencing guidelines retroactive, potentially allowing for reduced sentences for thousands of currently incarcerated individuals starting in February 2024.
https://www.nacdl.org/newsrelease/News-Release-~-08-25-2023?_zs=B2BgM1&_zl=wJRD7

[35:05] State Department of Corrections releasing some PFRs from lifetime GPS tracking following Wisconsin Supreme Court ruling
https://captimes.com/news/government/wisconsin-releases-sex-offenders-from-gps-bracelets-after-court-ruling/article_f399b2d4-3250-530d-964f-798eef014db5.html

[40:51] Montana v. Richard Hinman

https://www.registrymatters.co/podcast/rm274-exposing-svoras-secrets-the-montana-supreme-court-verdict/

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.