RM90 comes online this week with a disturbing due process violation in which Virginia is going to try to civilly commit Galen Baughman. Ashley Cloud, the staff attorney for Liberty and Justice Coalition, joins us for a discussion about Galen’s situation. She then walks us through a newly signed bill in New York. Ashley leaves us to then tackle the other items. First off is a man in California is mistaken for someone on the registry, and gets beaten for this resemblance; A quick mention about a registrant focused podcast called Pariah Nation; Progressive prosecutors respond to US AG Barr’s comments being anti-law enforcement; Mississippi is trying really hard to be worse than Alabama prisons; Cash bond system in Wisconsin keeps those with few means behind bars; California Governor Newsom signs police use of force reform bill into law; Homeless in Los Angeles are being given fewer options of where to exist; Guy Hamilton Smith is on The Takeaway from WNYC; Scalia seems to go against his own core beliefs; Arizona sets a high threshold for ankle monitors – don’t pay, go to jail.

[5:00] https://www.washingtonpost.com/opinions/2019/08/23/arlington-judge-must-decide-if-nonviolent-sex-offender-should-stay-incarcerated-after-serving-his-sentence/

[35:30] https://www.nysenate.gov/legislation/bills/2019/s2836/amendment/c

[53:10] https://www.cnn.com/2019/08/18/us/child-predator-mistaken-identity-trnd/index.html

[1:00:00] https://directory.libsyn.com/shows/view/id/pariahnation

[1:02:00] https://thehill.com/homenews/administration/457881-current-and-former-prosecutors-respond-to-barrs-concerning-comments

[1:05:40] https://www.propublica.org/article/some-of-the-countrys-worst-prisons-have-escaped-justice-department-action
https://www.propublica.org/article/leakesville-south-mississippi-correctional-institution-prison-gangs

[1:10:25] https://www.wisconsinrapidstribune.com/in-depth/news/2019/08/20/cash-bond-system-wisconsin-keeps-poor-behind-bars-minor-offenses/1139238001/

[1:17:20] https://www.courthousenews.com/newsom-signs-use-of-force-reform-into-law-in-california/

[1:25:45] https://laist.com/2019/08/22/los-angeles-homeless-sit-lie-sleep-law.php

[1:33:00] https://www.wnycstudios.org/story/inequity-sex-offender-registries

[1:34:00] Justice Scalia – I am not a strict constructionist

[1:40:10] https://theappeal.org/in-one-arizona-county-pay-for-your-ankle-monitor-or-go-to-jail/

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What an extravaganza of good news tonight! We have three decisions that weigh heavily in our favor. The 10th Circuit making blanket restrictions on Internet usage. Derek Logue’s battle in Florida with a state senator is a slam dunk in the favor of 1st Amendment. Then a fantastic decision out of North Carolina regarding lifetime monitoring using satellite based GPS monitoring. We do a shallow dive on these subjects. You can get a full 45 minutes of deep dive on these decisions by subscribing over at www.patreon.com/registrymatters.

We begin the night with an article regarding the American Bar Association taking a stance of guilty until proven innocent – and update during the podcast tells that they reversed course on that idea; Derek Logue challenges restraining order by state legislator and wins on all points; 10th Circuit rules blanket Internet restrictions is excessive; Epstein’s suicide reveals a culture of indifference to those in jails; Two articles covering wrongful convictions; Will those who have been given their voting rights back vote; Operation Karma locks up 26 people for registry violations – not updating their car information; It’s really hot this summer, and prisons are dangerously hot; With the removal of the statute of limitations, a huge number of child sexual abuse cases are coming; Los Angeles watch-dog is being investigated by the Los Angeles county sheriff; Richland county deputy caught in child sex sting by his own department; There are 13 registrants in Wisconsin that are missing – the shock and horror; North Carolina Supreme Court versus Grady in a lifetime GPS monitoring decision

[5:30] https://www.thefire.org/american-bar-association-must-reject-guilty-until-proven-innocent-affirmative-consent-resolution/
https://www.insidehighered.com/news/2019/08/14/american-bar-association-tables-new-definition-consent-criminal-sex-assault-cases

[11:15] https://floridaactioncommittee.org/congratulations-derek-appellate-court-voids-lauren-books-injunction/

[16:45] https://floridaactioncommittee.org/10th-circuit-rules-special-conditions-allowing-probation-complete-discretion-over-internet-use-is-excessive/

[23:40] https://theappeal.org/epsteins-suicide-reveals-culture-of-indifference-in-jails/

[31:46] https://thecrimereport.org/2019/08/12/can-we-prevent-wrongful-convictions/
https://time.com/wrongly-convicted/

[46:00] https://www.themarshallproject.org/2019/08/13/they-got-their-voting-rights-back-but-will-they-go-to-the-polls

[52:30] https://reason.com/2019/03/22/operation-karma-sex-offender-registry/

[58:50] https://dentonrc.com/opinion/editorials/dangerously-hot-prisons-are-flagrantly-inhumane/article_e91cb4a8-88a3-5eb9-8a5c-daf3296df92b.html

[1:05:00] https://www.vice.com/en_us/article/ywazax/a-tidal-wave-of-sex-abuse-lawsuits-is-about-to-hit-new-yorks-catholic-churches-and-boy-scouts
https://www.cbsnews.com/news/child-victims-act-victims-of-sexual-abuse-seek-justice-with-new-statute-of-limitations-new-york-2019-08-13/

[1:10:15] https://www.latimes.com/california/story/2019-08-14/la-county-sheriffs-department-launches-investigation-against-its-chief-watchdog

[1:13:00] https://www.wyff4.com/article/richland-county-deputy-caught-in-child-sex-sting-by-his-own-department/28697752

[1:17:00] https://www.nbcnews.com/news/us-news/13-registered-sex-offenders-wisconsin-gps-monitoring-can-t-be-n1041861

[1:20:30] NC-Supreme-Court-Grady-Opinion

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We roll into episode 88 just hours after news of Jeffrey Epstein is found dead in his cell. That is obviously our breaking news segment for the night. We are delighted to be joined by Mike, a long time patron out of New Jersey who gives us a great deal of inspiration and insight into getting a CDL license to drive trucks. Our weekly news items start with a jailhouse lawyer having a case make it all the way to the Supreme Court; An article describes that if you’re a male in the United States, a leading cause of death is interactions with the police; The jackass award of the week goes to a politician is trying to close a social media loophole; Alabama holds juveniles effectively for life, but doesn’t consider it life without parole; Old news, I didn’t realize it – but a man helps a toddler find her parents and gets beat up by the father – labeled a predator; A brief discussion regarding “Club Fed” and how some federal facilities are considered worse than Guantánamo Bay; Larry provides personal testimony regarding due process, statute of limitations, constitutional right to face your accusers; And finally go over the breaking news of Jeffrey Epstein being found dead in his jail cell

[4:02] Guest patron Mike from NJ regarding employment as truck driver
https://www.tsa.gov/Disqualifying-Offenses-Factors

[24:00] https://www.nytimes.com/2019/08/05/us/politics/supreme-court-nonunanimous-juries.html

[28:50] https://www.inverse.com/article/58332-police-use-of-force-homicides-study

[42:45] https://poststar.com/blogs/don_lehman/blog-sex-offender-social-media-loophole/article_6adae425-338f-55aa-89c6-2bd6b4b83726.html

[51:56] https://www.wnycstudios.org/story/repairing-justice-alternative-prison

[53:04] https://theappeal.org/alabama-life-without-parole-denied-freedom-supreme-court/

[59:48] https://www.washingtonpost.com/news/morning-mix/wp/2017/06/27/a-man-helped-a-lost-toddler-find-her-parents-police-say-he-was-smeared-online-as-a-predator-and-fled-town/

[1:05:10] https://www.nytimes.com/2017/01/23/nyregion/el-chapo-guzman-manhattan-jail.html

Snider v Indiana_2019

[1:14:00] https://www.vox.com/identities/2019/8/10/20799880/jeffrey-epstein-dies-suicide-jail-sex-trafficking-trial-convicted-sex-offender
https://www.vox.com/identities/2019/8/10/20800083/jeffrey-epstein-wasnt-on-suicide-watch-died-fbi-bill-barr-investigation

Mike – mdasky1@optimum.net

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On the first episode in August, we have a range of topic that we move through starting with registrants in Colorado are forced into low-income neighborhoods and poverty; People have biases that affects the outcome on juries; Man spends a night in jail for skipping a $2.75 fee; Man in prison is beaten and drowned in toilet; Our weekly Scalia segment; Lie detector tests are not ever ever to be trusted; A public defender accounts handling 3800+ cases in 5 years; DAs in New York move to strike down an oversight board that would monitor them; The case for allowing those with convictions to vote; Is renting a few billboards lobbying?; What is the definition of cajoling and when does it cross the line

[17:15] https://coloradosun.com/2019/07/24/registered-sex-offenders-low-income-neighborhoods/

[25:00] https://fee.org/articles/pretrial-publicity-unconscious-bias-and-the-court-of-public-opinion/

[36:15] https://theappeal.org/a-night-in-jail-over-2-75/

[42:00] https://www.yahoo.com/news/convicted-florida-child-molester-beaten-015857195.html

[48:00] Scalia – Stupid, but constitutional

[54:35] https://www.smithsonianmag.com/innovation/why-lie-detector-tests-cant-be-trusted-180972724/

[1:04:30] https://www.themarshallproject.org/2019/08/01/one-lawyer-five-years-3-802-cases

[1:15:00] https://www.law.com/newyorklawjournal/2019/07/24/ny-district-attorneys-formally-move-to-strike-down-prosecutorial-watchdog-law/

[1:17:15] https://theappeal.org/its-time-to-allow-people-with-felony-convictions-to-serve-on-juries/

[1:23:00] https://www.nytimes.com/2019/07/31/nyregion/lobbying-billboard-new-york.html

[1:30:30] https://www.forbes.com/sites/evangerstmann/2019/08/03/is-unreasonable-cajoling-sexual-assault/#54919a217dc5

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We are joined on this episode by Andrew Torrez. Mr. Torrez is an attorney at the Law Offices of P. Andrew Torrez. He is also the co-host of the outstanding podcast Opening Arguments.

[3:11] We covered a pretty broad set of subjects from how to avoid being “fake news”, meaning what is the process of analyzing the news in a way that is fact based;

[19:40] Is our current environment pushing the boundaries of the three co-equal branches of government? Short answer is “Yes”;

[39:15] How does a legal mind explain originalism and the legal theory behind using precedent;

[1:15:00] And finally, we are in seriously dangerous territory by driving judges from office.

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After a week break, we return with a mountain of information to go over. We have a small update on the situation in Tennessee, as well as Jim Acosta resigning as Secretary of Labor after scrutiny in the Jeffrey Epstein case / allegations.  The news articles then ensue: First off, we cover an Atlanta school district is putting up cameras that read license places to catch speeders, as well as maybe gain access to the registry database looking for registrants moving into the area – and then by extension the inexpensive nature of cameras and artificial intelligence in general; AG Krasner in Philadelphia is under fire by lawmakers reducing his power to enact significant criminal justice reform; Kansas further reduces the ability for pleading a case by insanity; Many states are offering ways to diminish the sting of criminal records; DOD is a significant player in hosting CP on the Internet; We are treading on unsafe territory when we second guess a prosecutors decisions years in the past; Prosecutor scrutinizing LEO body cams, resigns due to lack of support; Teacher receives 20 year sentence for sex with student; We cover a clip from Scalia where he is essentially saying “we don’t know”, and perhaps inventing a right; One of the accusers of Kevin Spacey drops civil suit; Lastly, a case in NJ where a judge denies elevating a juveniles case to adult court

[9:45] https://www.wsbtv.com/news/local/tag-reading-cams-going-up-at-these-schools-to-catch-speeders-sex-offenders/962151634
https://slate.com/technology/2019/07/automatic-license-plate-readers-hoa-police-openalpr.html

[14:40] https://theintercept.com/2019/07/08/da-larry-krasner-pennsylvania-attorney-general/

[23:55] https://www.law360.com/access-to-justice/articles/1173994/kansas-take-on-insanity-defense-to-face-high-court-test

[27:40] http://ccresourcecenter.org/2019/07/09/new-restoration-laws-take-center-stage-in-second-quarter-of-2019/

[28:40] https://reason.com/2019/07/03/defense-department-computers-among-top-sharers-of-child-pornography/

[32:00] https://www.theatlantic.com/ideas/archive/2019/07/jeffrey-epstein-indictment-hes-out-luck/593512/

[48:00] https://www.tallahassee.com/story/news/2018/09/29/prosecutor-who-sparked-jackson-drug-planting-probe-resigns-whistleblower/1441015002/

[56:00] https://nypost.com/2019/07/12/brittany-zamora-sentenced-to-20-years-in-prison-for-sex-with-teen-student/

[1:1:27] Supreme Court Justice Antonin Scalia

[1:03:40] Kevin Spacey segment
https://youtu.be/eV6Or00JKH8
https://www.bbc.com/news/entertainment-arts-48886643

[1:16:45] https://www.registrymatters.co/wp-content/uploads/2019/07/New-Jersey_In-The-Matter-of-G.M.C..pdf

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On this weeks podcast, which was supposed to an off week, we cover the breaking new that Tennessee was notifying registrants that they are required to move out of their homes. SB 425 didn’t sneak in behind the scenes. It was introduced in January, and finally sign into law in May. It takes affect on July 1st. Fortunately, a temporary restraining order has been granted. Stay tuned for July 11th.

We also cover a SCOTUS decision regarding judges giving additional jail time beyond the original sentence; DeBary increases residency restrictions from 1,000 ft to 2,500 ft; and Sheriff in Giles county Tennessee claims registrants move from Alabama for more lenient laws

[2:30] https://www.yahoo.com/news/supreme-court-rules-sex-offender-140851131.html
https://www.scotusblog.com/2019/06/opinion-analysis-divided-court-throws-out-additional-jail-time-for-sex-offender/
USA v Haymond_2019

[10:20] https://www.beacononlinenews.com/news/debary-tentatively-oks-tougher-sex-offender-law/article_0d829946-9902-11e9-8350-43ea6fa93480.html

[17:10] https://www.wkrn.com/news/local-news/giles-county-sheriff-sex-offenders-move-to-tennessee-for-lax-laws/

[26:40] Scalia

[35:00] https://www.tennessean.com/story/news/politics/2019/06/28/lawsuit-tn-law-banning-sex-offenders-living-own-children/1587425001/
Complaint_DE 1
TRO_DE 10
SB 425 Fiscal Note_3-10-19
McNally declaration_DE 5-4
McNally declaration_DE 5-4 – Copy

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Today’s episode tackles the ramifications of the “hot off the press” Gundy decision from The Supreme Court. Does this make things better, or worse, or neither for the registrant community?

For the additional legal analysis, be sure to sign up at https://www.patreon.com/registrymatters for the bonus episode regarding the Gundy v US decision

We do begin with articles from around the country, starting with a listener question asking for an opinion from Larry on a statement made by Justice Thomas and reversing demonstrably erroneous decisions; Alabama politician Hurst says it should be mandatory surgical castration and some ought to die for those convicted of sex crimes against children; Lawmakers in Queens extend statute of limitations for 2nd and 3rd degree rape; A repairman finds naughty material on a customers computer, that customer now has a felony conviction; Victims and survivors of crimes are not experts on crime; Those that qualify for compassionate release often don’t have the resources to have representation to qualify; A decrease in the exclusion zones increase where registrants can live from 1.4% to 15% of the county; Journalist compiles the stats from watching 30 years of episodes of “Cops” – it shows this is coloring our view of policing; In Colorado, and being a minor, having pictures of your junk, or someones else’s junk is a crime; It is a failing of humanity to force aging (or anybody) to live outdoors, but that’s what is happening in Florida; And finally we get the legal analysis of the Gundy decision from Larry.

https://thehill.com/regulation/court-battles/448904-thomas-urges-supreme-court-to-reverse-demonstrably-erroneous

[18:20] https://yellowhammernews.com/child-sex-offender-chemical-castration-bill-sponsor-state-rep-hurst-it-should-be-surgical-castration-some-offenders-ought-to-die/

[22:00] https://www.law.com/newyorklawjournal/2019/06/19/lawmakers-pass-bill-to-extend-statute-of-limitations-for-second-third-degree-rape/

[28:50] https://www.pennlive.com/news/2019/06/child-porn-found-by-repairman-can-be-used-to-prosecute-computers-owner-split-pa-supreme-court-says.html

[36:15] https://reason.com/2019/06/19/why-we-shouldnt-treat-survivors-and-victims-as-authorities-on-policy-issues/

[41:30] https://thecrimereport.org/2019/06/19/legal-aid-for-inmates-seeking-compassionate-release/

[49:50] https://www.sun-sentinel.com/local/broward/fort-lauderdale/fl-ne-sex-offender-ordinance-20190618-g6qriwwmjbglfcfsyltdew3wpq-story.html

[53:20] https://www.wnycstudios.org/story/onthemedia-what-running-cops-learned-cops

[55:00] https://www.registrymatters.co/wp-content/uploads/2019/06/Colorado-Juvinile-Sexting_2019.pdf

[1:15:15] https://www.miamiherald.com/news/state/florida/article231296693.html

[1:19:45] https://www.washingtonpost.com/politics/courts_law/supreme-court-upholds-sex-offender-rules-but-separation-of-powers-battle-to-continue/2019/06/20/22b3c632-938a-11e9-b58a-a6a9afaa0e3e_story.html
https://thehill.com/regulation/court-battles/449491-supreme-court-rules-in-favor-of-sex-offender-registration-law
https://reason.com/2019/06/20/in-sharp-dissent-neil-gorsuch-faults-scotus-for-letting-the-attorney-general-write-his-own-criminal-code/
https://www.npr.org/2019/06/21/732178487/is-the-supreme-court-going-to-soon-give-haters-of-the-deep-state-what-they-want

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