RM100: Larry-isms Galore

We officially bring in our 100th episode! 100 Episodes is amazing in podcast land. We tried to keep it a little light as we did a round of patting ourselves on the back. We received a pretty big flurry of congrats messages from people via voicemail, and email. A couple people put together some pretty high production level congrats messages. Thank you so very much to everyone that contributed!!!! We are joined by Ashley Cloud, who is the staff attorney for LJC in New Mexico.

The breaking news is the we won the challenge Georgia regarding putting signs in the yards of registrants; We move over to an article from New Orleans where a teen beat up a registrant simply because of that fact – and this might be a hate crime; A fantastic article from Boston Review shooting holes all over the idea that there is any notion of stranger danger; Ashley and Larry go into detail about the lawsuit that was recently files in New Mexico;

[11:50] https://www.nola.com/news/crime_police/article_8b0b2784-f744-11e9-9e16-4370b10664e3.html

[24:41] http://bostonreview.net/law-justice/christine-hume-halloween-and-stranger-danger

[41:35] New Mexico files their first lawsuit

[1:07:50] https://www.wpr.org/lawmakers-consider-pay-bump-wisconsin-public-defenders

[1:20:30] https://theappeal.org/the-appeal-podcast-when-police-officers-double-as-prosecutors/

[1:32:10] Sheriff Long loses in Butts County Georgia Halloween sign challenge. Here’s the deep dive

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RM99: Pennsylvania Superior Court Rules Internet Publication Violates Ex Post Facto

The penultimate episode before 100 of Registry Matters is here! A jam packed episode of fun and excitement. We have a breaking news segment from the Georgia Halloween sign lawsuit and also Pennsylvania Superior Court rules internet publication violates ex post facto clause. We have a wide range of articles starting with a man held in solitary for 22 months had no vehicle to receive compensation; A short conversation about the ethics of facial recognition systems in schools; Local sheriffs using social media to solve crimes; A woman in Oregon is forced to reveal smartphone passcode for law enforcement; Formerly incarcerated woman is running for legislature in Washington state; Garbage article on “kids safety” for Halloween; Sarasota County Sheriff goes to great lengths to entrap people for underage sex; Phoenix Arizona fires officer who pulled a gun on the parents of a child who stole a doll; Illegal sentences rules unconstitutional by Colorado Supreme Court; Police use $2 test, that is terribly flawed, to arrest people; People on parole/probation leads to poverty

[6:40] Breaking New: Halloween in Georgia. Warning Notice delivered to Ben Hill County and update on the two pending lawsuits in Butts and Spaulding. Pennsylvania Superior Court rules internet publication violates ex post facto clause. 

[21:49] Question from Patron John

[32:10] https://www.mainepublic.org/post/22-months-solitary-violated-maine-inmates-rights-hes-not-entitled-damages-judge-rules

[38:05] https://www.wired.com/story/delicate-ethics-facial-recognition-schools/

[43:10] https://www.shelbystar.com/news/20191020/cleveland-county-law-enforcement-embraces-online-interaction

[51:00] https://www.oregonlive.com/news/2019/10/oregon-judge-ordered-woman-to-type-in-her-iphone-passcode-so-police-could-search-it-for-evidence-against-her.html

[1:03:20] https://www.opb.org/news/article/tarra-simmons-washington-legislature-incarceration/

[1:09:50] https://fox8.com/2019/10/21/sex-offender-safety-tips-ahead-of-trick-or-treat/

[1:12:35] https://reason.com/2019/10/21/sarasota-county-sheriff-office-entrap-underage-teen-sex/

[1:15:50] https://www.washingtonpost.com/nation/2019/10/23/phoenix-fires-officer-who-pulled-gun-parents-over-doll-year-old-took-dollar-store/

[1:21:15] https://www.denverpost.com/2019/10/23/prison-probation-illegal-sentences-criminal-defendants-colorado-supreme-court/

[1:27:45] https://www.vice.com/en_us/article/evj89n/this-dollar2-test-identified-bird-shit-as-cocaine-cops-keep-using-it-to-arrest-people

[1:32:40] https://www.inquirer.com/news/inq/probation-parole-pennsylvania-philadelphia-criminal-justice-system-violations-poverty-20191024.html

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RM98: Watching Porn In Your Car is a Bad Idea

Episode 100 – 2 (or 98 for those arithmetically inclined), we received a bunch of listener questions to tackle – always great to engage with listener challenges. A question from Jeff in Kentucky about pocket parks and being forced to move versus grandfather clause; Dave is asking for clarity in Wisconsin where another advocacy group stated they might be able to have their plea withdrawn for misinformation; Then from a new patron is a complex question regarding dissenting opinions and other appellate court decisions; A Halloween update – NARSOL Halloween Marathon, GA update; An interesting case of watching porn in your car, doesn’t work out well for the viewer; Prosecutors are given a taste of what post prison challenges are like; Sextortion botnet are sending out 30k of emails per hour extorting money from people; A new app by Offender Watch spies on your children under the guise of keeping them safe;

[3:45] Listener question about pocket parks in Kentucky
Commonwealth v Baker_KY Supreme Court 2009_Residency Restrictions

[7:30] Question about GPS monitoring in Wisconsin

[13:00] A complex question about SCOTUS dissents

[32:30] Halloween Update, Halloween Marathon

[35:00] https://wfxl.com/news/local/new-halloween-safety-signs-will-be-seen-in-ben-hill-county
State-v.-Lomanto_NJ Superior Court 2019

[40:40] https://www.law.com/njlawjournal/2019/10/16/defendant-convicted-of-parking-lot-porn-watching-fails-in-constitutional-challenge-to-public-obscenity-law/

[59:00] https://thecrimereport.org/2019/10/15/where-do-i-get-an-id-prosecutors-endure-the-trials-of-leaving-prison/

[1:05:00] https://www.bbc.com/news/technology-50065713

[1:09:25] https://www.myarklamiss.com/news/local-news/new-app-unveiled-to-keep-predators-away-from-children-in-louisiana/

[1:18:40] Voicemail

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RM97: Touching Someone’s Arm is a Sex Crime

I’m pleased to announce Episode 97 of Registry Matters. We begin with a quick update of the civil commitment hearing for Galen Baughman. It isn’t great news, sadly. Then an update on the Georgia Halloween challenge. A listener phones in a question asking if it’s better to tell an employer, or keep it hidden. Court rules against revoking a man’s supervision for not answering his door; Court-ordered settlement agreement in South Carolina denying counsel to people who are poor, along with a settlement; Connecticut Supreme Court upholds constitutionality of sentencing a 14 year old to 40 years; A quick detour in the criminal justice position of the Democratic candidates; Virginia Governor restores civil rights to 22,000 felons; Victims advocates in Missouri are trying to remove the statute of limitations; DC individuals on ankle monitors can be audio recorded without any prior knowledge; Floyd County Georgia is implementing a system to flag registered persons before they can get on school campus; 19 year old in Manchester touched a 17 year old’s arm and is possibly going to be put on the registry; Newton County Georgia will have presentations for registrants on Halloween for the 13th year in a row; Scalia on evolving standards doesn’t mean they are improvements

[4:05] Breaking new regarding Galen Baughman and updates on the Georgia Halloween Challenge

[20:10] https://www.2dca.org/content/download/538326/6074902/file/181892_39_10042019_08163978_i.pdf

[29:10] https://thecrimereport.org/2019/10/11/a-victory-for-poor-defendants-in-south-carolina/

[42:05] https://www.law.com/ctlawtribune/2019/10/10/state-high-court-upholds-constitutionality-of-sentencing-child-to-40-years-imprisonment/

[49:30] https://www.themarshallproject.org/2019/10/10/2020-the-democrats-on-criminal-justice

[55:00] https://www.whsv.com/content/news/Virginia-governor-says-hes-restored-civil-rights-to-22K-felons-562728981.html

[57:35] https://www.stltoday.com/lifestyles/faith-and-values/advocates-call-for-missouri-to-join-other-states-in-lifting/article_94851dd6-14e5-5920-bc92-71d363230f1c.html

[1:07:00] https://www.washingtoncitypaper.com/news/article/21091206/dc-agency-purchases-ankle-monitors-that-can-record-defendants-every-word-and-motion

[1:14:00] https://docs.google.com/document/d/12xQ6hlefBGxqPoqN80_ShyD9WXvToD2KVkUXqolCPvw/edit?usp=drivesdk

[1:21:50] https://reason.com/2019/10/11/manchester-teen-griffiths-sex-offender-friend/

[1:25:30] https://www.covnews.com/news/crime/ncso-host-13th-annual-halloween-shut-sex-offenders/

[1:32:15] – Evolving standards could go both ways

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RM96: Bait & Switch Sex Stings

Welcome to Episode 96 of Registry Matters. We begin with an update on the civil commitment case involving Galen Baughman in Virginia; Sheriff’s sex sting operation is a bait and switch operation; The Internet and private messaging is fueling sharing of photos and videos of children; The Kansas Court of Appeals says that it is constitutional to require a 14 year old to be on the registry for life; Domino’s doesn’t want to make their website accessible to those with disabilities; Kamala Harris’ policing reform stance; Death row inmates in Oklahoma might get moved out of their tomb; Judge from Long Island suspended for stealing a woman’s delicates;  In Cleveland County NC, there is an overwhelming presence of police for a non-existent problem; Will those on the registry be allowed to pass out candy on Halloween?; Defendants don’t testify for a reason; FBI crime data confirms that we live in the safest time in history (with a few exceptions); Officer in Dallas sentenced to 10 years for murder in killing of upstairs neighbor; Voters are divided in cash bond referendum; Lawsuit in Wisconsin challenges GPS monitoring

[1:30] Quick update regarding Galen Baughman

[11:00] https://floridapolitics.com/archives/306973-policing-the-police-did-sheriff-go-too-far-on-undercover-sex-sting

[23:25] https://www.nytimes.com/2019/09/29/us/takeaways-child-sex-abuse.html

[29:50] https://www.kansas.com/news/politics-government/article235556892.html
Kansas Court of Appeals_Juvenile Registration 2019

[37:50] https://slate.com/technology/2019/09/supreme-court-dominos-web-accessibility-visually-impaired.html

[48:25] https://theappeal.org/what-kamala-harriss-take-on-policing-gets-wrong/

[51:40] https://theappeal.org/oklahoma-department-of-corrections-agrees-to-move-qualifying-death-row-prisoners-out-of-tomb-like-unit/

[55:30] https://www.law.com/newyorklawjournal/2019/09/27/long-island-judge-suspended-without-pay-after-pleading-guilty-to-underwear-burglary/

[58:20] https://www.wsoctv.com/news/local/-zero-tolerance-warning-issued-to-sex-offenders-caught-at-cleveland-co-fair/992404053

[1:07:30] https://www.fox19.com/2019/10/01/could-sex-offenders-pass-out-candy-your-kids-halloween/

[1:13:20] https://abovethelaw.com/2019/09/why-defendants-rarely-testify/

[1:24:00] https://www.nytimes.com/2019/09/30/us/fbi-crime-data.html

[1:28:50] https://www.npr.org/2019/10/01/765788338/ex-dallas-officer-who-killed-neighbor-in-upstairs-apartment-found-guilty-of-murd
https://www.courthousenews.com/jury-to-decide-punishment-for-ex-cop-who-killed-neighbor/

[1:34:00] https://www.latimes.com/california/story/2019-10-01/california-voters-divided-future-of-cash-bail-2020-election-poll

[1:41:20] https://madison365.com/wp-content/uploads/2019/03/GPS-Lawsuit.pdf

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RM95: Outlandish and Ridiculous Changes

This was our second in a row on location recording at the secret underground bunker. We begin with a report out of Nebraska where bunch of registrants and families testified as to the destruction of the registry; We’re still confused, but a woman brings her kids to the home of a registrant, and she gets house arrest???; Confrontation and memory challenges – does it meet the 8th amendment?; Gulf War Veteran gets a life sentence for selling $30 of weed; Law enforcement protects the team image at the expense of civil liberties; Georgia Governor wants 4% budget cuts including cuts to the public defenders office; Kik is shutting down after 9 years and many reports of child sexual abuse cases; A child with autism is labeled a sexual predator by school administration; Inmate loses court challenge to change SVP designation; Mandatory minimum sentences allows law enforcement to hide misconduct; Police are the problem, that’s why they can’t solve it

[5:23] https://journalstar.com/legislature/nebraska-sex-offenders-testify-for-change-in-registry-law/article_ec543e21-61be-5d4c-b72c-51a1284c3d36.html

[13:25] https://www.wgal.com/article/lancaster-mother-sentenced-to-house-arrest-for-bringing-6-year-old-child-to-home-of-3-registered-sex-offenders-tabetha-mitchell/29126516

[18:34] https://www.law.com/newyorklawjournal/2019/09/23/white-v-louisiana-flawed-memory-and-the-confrontation-clause/

[25:50] https://theappeal.org/life-in-prison-marijuana/

[35:30] https://theappeal.org/prosecutors-police-lies/

[46:37] https://www.law.com/dailyreportonline/2019/09/23/public-defender-council-would-furlough-staff-to-meet-governors-budget-cut-mandate/

[53:22] https://www.cbsnews.com/news/kik-shutting-down-after-more-than-1000-child-sexual-abuse-cases/

[57:17] https://www.rrstar.com/news/20190918/fantasy-sports-sex-offender-internet-access-on-state-supreme-court-docket

[1:00:27] https://www.irishpost.com/news/five-year-old-boy-autism-labelled-sex-offender-hugging-classmate-171756

[1:04:41] http://www.altoonamirror.com/news/local-news/2019/09/inmate-loses-court-challenge/

[1:08:36] https://www.nytimes.com/2019/09/25/opinion/mandatory-minimum-sentencing.html

[1:13:05] https://www.nytimes.com/2019/09/26/opinion/the-police-cant-solve-the-problem-they-are-the-problem.html

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RM94: Shower-heads, Rental Cars and Levels of Scrutiny

We recorded in our secret hideaway bunker that Larry has to mask Andy to conceal its location, we recorded episode 94 on Sunday morning. A rare event where we’re recording face to face.

We start off with a story of travel challenges at the rental counter for a good laugh; Then we move into a listener question from Will regarding levels of scrutiny including an answer from the late Antonin Scalia; An individual sued Utah to be removed from the registry, and lost; Molly Janes law in Texas creates a requirement by law enforcement to track repeat offenders in an FBI database; Back to Utah, where another individual was released after spending 14 years in jail after being wrongly convicted; Man wins case for being locked up for being homeless in Oregon. Will the legislature go behind it and “fix” this?; Epstein accusers are dealt a setback in government plea deal; Southern Poverty Law Center sues Alabama that the having minors put on the registry is cruel; Southern states are removing restrictions on licensed trade jobs for felons; Registrants in Indiana are less likely to be allowed to advertise babysitting; Cellphone data used to convict people found to be flawed, forcing officials to release 32 inmates;

[6:40] Question from Will regarding levels of scrutiny, and a special guest answer

[24:40] https://fox13now.com/2019/08/25/conviction-aside-utah-supreme-court-sex-offender-must-register/
https://www.courtlistener.com/opinion/4655913/holste-v-state/

[30:10] https://www.fox4news.com/news/molly-janes-law-creates-statewide-database-to-track-repeat-sex-offenders-in-texas

[33:35] https://www.deseret.com/utah/2019/9/13/20860888/utah-man-found-innocent-14-years-sex-abuse-charges-christopher-allen-wickham

[48:30] https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24787/download#page=1&zoom=auto

[55:45] https://www.law.com/newyorklawjournal/2019/09/16/jeffrey-epstein-accusers-suffer-major-loss-in-suit-over-government-plea-deal/

[58:30] https://www.montgomeryadvertiser.com/story/news/2019/09/19/splc-challenges-alabama-sex-offender-registry-law-southern-poverty-law-center/2356232001/
https://theappeal.org/alabama-sex-offender-registry-lawsuit/

[1:05:40] http://ccresourcecenter.org/2019/09/18/two-southern-states-enact-impressive-occupational-licensing-reforms/

[1:08:10] https://fox59.com/2019/02/04/indiana-lawmakers-inch-closer-to-making-it-illegal-for-sex-offenders-to-advertise-babysitting-services/

[1:12:25] https://www.theguardian.com/world/2019/sep/12/denmark-frees-32-inmates-over-flawed-geolocation-revelations

[1:19:50] Scalia on Evolutionism versus Originalism

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RM93: Tiering Versus Leveling

Welcome to Episode 93 of Registry Matters. Larry has selected the batch of articles for this week. We start off with an article about a prosecutor who is doing a bait and switch on progressive ideals; An accused should have the presumption of innocence until due process, regardless of “high achieving”; Our justice system is severely slanted – the prosecution has so much power compared to the public defenders;  Prison law libraries are inadequate – are we surprised?; The families of those formerly incarcerated have a heavy lift in supporting their own; Louisiana tries to punish people for life, those supporting those accused are fighting back; Jailers are shockingly using subtle tactics to deprive those behind bars of sleep; California is pushing back hard against facial recognition used by law enforcement and government; Also California may join other states in allowing those with convictions to serve on juries; Oregon AG is worried that thousands of convictions could be invalidated by a SCOTUS ruling; Larry takes on his (mostly) weekly segment on Scalia; And finally a couple listener questions to close things out.

[3:15] https://theappeal.org/harris-county-da-seeks-execution-of-intellectually-disabled-man-lawyer-says/

[10:50] https://time.com/5673995/florida-judge-sexual-assault-high-achieving-student/

[19:30] https://theappeal.org/balancing-the-scales-of-justice/

[27:30] https://www.law360.com/access-to-justice/articles/1195317/are-prison-law-libraries-falling-short-on-access-goals

[37:40] https://www.themarshallproject.org/2019/09/13/when-people-with-intellectual-disabilities-are-punished-parents-pay-the-price

[41:40] https://theappeal.org/louisiana-lifers/

[43:50] https://www.courthousenews.com/jailers-still-interrupting-sleep-bay-area-inmates-tell-judge/

[47:20] https://www.reuters.com/article/us-california-facial-recognition/california-legislature-bars-facial-recognition-for-police-body-cameras-idUSKCN1VX2ZP

[55:10] https://www.ktvu.com/news/felons-could-soon-start-serving-on-juries-in-california-for-the-first-time

[1:02:00] https://www.statesmanjournal.com/story/news/crime/2019/09/12/oregon-attorney-general-supreme-court-ruling-could-invalidate-1000-s-convictions-apodaca-ramos/2215887001/

[1:07:50] Scalia on Equal Protection

[1:16:10] Tiering versus leveling

[1:29:40] Listener Question from J:
Denying voter rights to felons. Aren’t states violating the Constitution because the 15th amendment which says, “right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.” When you are a prisoner that is a condition of servitude. Thank you guys and guests.

[1:32:40] Question from Will

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RM92: John Jones v Suffolk County 2nd Circuit

Episode 92 has us speaking about three significant decisions that impact the registrant community. We slice and dice them to get the most complete understanding of the decisions.

Philly DA Krasner has found many that are serving long prison sentences are innocent; Homeless man beaten to death for resembling someone on the registry; The Terror Screening Database (TWDB) found to be unconstitutional – which is good for us; A woman in a Colorado jail gives birth completely alone, while screaming in pain – received no medical attention in her cell; 2nd Circuit decision about Parents For Megans Law found constitutional – disappointing – but accurate; Utah man’s children recant their testimony is exonerated, released from prison and received 350k for his vacation;

[4:20] https://www.cbsnews.com/news/philadelphia-district-attorney-larry-krasner-exonerates-nine-people-in-19-months/

[13:10] https://pix11.com/2019/09/03/men-mistook-homeless-man-for-sex-offender-beat-him-to-death-police-say/

[19:10] https://apnews.com/f8abc66af1a64cc7a5f4fba0420cfc54
Elhady v Kable_Watch List_2019

[53:00] https://www.wbur.org/hereandnow/2019/09/05/colorado-jail-woman-birth-lawsuit

[1:01:10] http://www.ca2.uscourts.gov/decisions/isysquery/8f15988e-f168-40e5-bb14-d607a5feb0b1/1/doc/18-1602_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/8f15988e-f168-40e5-bb14-d607a5feb0b1/1/hilite/
John Jones v Suffolk County_Second Circuit 2019

[1:18:50] https://www.sltrib.com/news/2019/09/06/utah-man-deemed-innocent/

[1:23:40] USA v Rouse_Eighth Circuit

[1:30:00] Listener question from Johnathan regarding being at his kids school for pickup/dropoff and other school functions

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RM91: Teen is a Child Pornographer of Herself In MD

Welcome to Episode 91 of Registry Matters. After a 1 day delay for some technical challenges (we deeply apologize for the tardiness) we bring you an excellent episode. Our breaking news is the Maryland Court of Appeals (think Supreme Court of MD) gives us a decision to discuss regarding teen-sexting. Brenda Jones, the Executive Director of FAIR (the MD affiliate for NARSOL) to have a discussion about getting into the legislature to fix this craziness.

Governor Cuomo signs an extension to the statute of limitations for financial crimes – “fixing” a problem (not really); Should asking for sex be criminal?; The judge in the Epstein case is allowing alleged victim testimony at the final hearing; Pushing the clock back in the Weinstein case ; Mugshots may have erroneous information, which they received for free, and possibly ruining lives; A young woman in Maryland takes a naughty video of herself, and she’s the pornographer – says the Maryland Court of Appeals; Scalia analysis and challenge to our listeners of whether they should continue to be strict textualists; Lastly, an analysis of how citizen activism can make changes. In Napier, IL, a student led a charge to change how their peers are treated by the law enforcement apparatus.

[05:00] https://www.law.com/newyorklawjournal/2019/08/26/cuomo-signs-bill-reinstating-6-year-statute-of-limitations-under-martin-act/

[11:00] https://www.cnn.com/2019/08/29/politics/west-virginia-republican-accused-prostitution/index.html

[16:10] https://www.law.com/newyorklawjournal/2019/08/26/the-judge-in-epsteins-case-should-not-turn-the-dismissal-into-a-drama-for-the-victims/

[20:30] https://www.law.com/newyorklawjournal/2019/08/26/harvey-weinstein-sex-crimes-trial-delayed-after-he-pleads-not-guilty-to-new-charge/

[23:15] https://theappeal.org/pennsylvania-county-owes-67-million-after-man-finds-arrest-records-on-mugshots-com/

[32:15] https://www.washingtonpost.com/nation/2019/08/27/wrongly-imprisoned-years-st-louis-lamar-johnson/

[39:00] https://www.buzzfeednews.com/article/tasneemnashrulla/teen-sexting-child-pornography-maryland-law
In RE SK_Maryland Court of Appeals_2019

[1:00:00] https://www.reddit.com/r/Documentaries/comments/cw1wj9/breaking_the_cycle_2017_american_prison_warden

[1:06:30] A regular Scalia segment

[1:13:00] https://www.nctv17.com/news/walgren-inspired-bill-aims-to-support-questioned-students/
http://ilga.gov/legislation/billstatus.asp?DocNum=2627&GAID=15&GA=101&DocTypeID=HB&LegID=118770&SessionID=108

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