RM273: Dark Secrets of FCI Dublin: The Tale of Sexual Exploitation

Tonight, we’re not dealing with any cases to dissect, so we’ll be focusing on other activities. We do, however, have a case from the Eighth Circuit Court of Appeals that concerns civil commitment. We’ve also got some articles and comments to discuss.

[4:51] A listener expresses gratitude for addressing their issue and questions the possibility of multiple case numbers being filed for child pornography images. Larry explains that such a charging strategy could be justified in certain circumstances, like different victims or behavior separated in time, and the defense can still file a joinder motion.

[13:22] https://www.foxnews.com/video/6331972414112
A video from Fox News about Miracle Village in Florida and considers the possibility of a lawsuit due to biased reporting. Larry advises against pursuing legal action as it would be challenging to meet the required standards for a successful lawsuit. They discuss the idea of compiling evidence of journalistic violations but acknowledge the difficulty in proving harm and initiating a lawsuit on behalf of the citizens of Miracle Village. Organizational standing is seen as a potential obstacle to pursuing legal action.

[27:32] https://www.latimes.com/california/story/2023-07-14/two-more-corrections-officers-charged-with-sexual-abuse-of-inmates-at-notorious-fci-dublin
Two former corrections officers at FCI Dublin, Nakie Nunley, and Andrew Jones, have been charged and pleaded guilty to sexually abusing female inmates at the San Francisco Bay Area prison, known as “the rape club.” Nunley, who worked as a supervisor at a Unicor call center staffed by inmates, was charged with having sexual contact with five victims and lying about the incidents to federal investigators. He also threatened one inmate with transfer and job loss if she didn’t comply with his demands. The ongoing investigation has led to convictions of other prison staff, including Warden Ray Garcia and prison chaplain James Highhouse, as well as four other corrections officers. The Department of Justice Office of the Inspector General is actively pursuing justice for the victims of sexual abuse at FCI Dublin. Garcia and Highhouse have already been sentenced to prison terms for their involvement.

[33:41] https://www.courthousenews.com/trafficking-bill-gets-new-life-after-pushback/
The state Assembly’s Public Safety Committee initially failed to pass a sex trafficking bill but later voted in favor of it after reconsideration. The bill aims to add human trafficking of a minor for commercial sex acts to serious felonies, but some Democrats expressed concerns about the three strikes law’s effectiveness in preventing crime. Governor Gavin Newsom’s involvement and Assembly Speaker Robert Rivas’ discussions with the bill’s author may be influenced by political considerations.

[33:41] https://www.courthousenews.com/trafficking-bill-gets-new-life-after-pushback/
The Eighth Circuit upheld the Minnesota Sex Offender Program, stating that it does not violate detainees’ constitutional rights. The program detains certain sex offenders indefinitely, with judges determining them to be “sexually dangerous persons” or having a “sexual psychopathic personality,” and although there were past challenges to its constitutionality, the court ruled in favor of the program’s conditions and objectives.

https://www.registrymatters.co/podcast/rm273-dark-secrets-of-fci-dublin-the-tale-of-sexual-exploitation/

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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.


RM272: Wisconsin Supreme Court Determined The Meaning Of “Separate Occasions”

  • The Wisconsin Supreme Court ruled that a person convicted of multiple counts of possession of child pornography in a single case does not have to register for life under the state’s sex offender registration statute.
  • The court found that the phrase “separate occasions” in the statute refers to separate incidents or times at which an event occurred. In this case, the five convictions all occurred during the same hearing, so they did not meet the definition of “separate occasions.”
  • The court’s ruling means that Corey Rector, the man who challenged the statute, will not have to register for life and will not be subject to lifetime GPS monitoring.
  • The state of Wisconsin argued that the court’s interpretation of the statute was too narrow and that it would allow sex offenders to avoid lifetime registration even if they had committed serious offenses. However, the court rejected this argument, stating that it was bound by the plain meaning of the statute.
  • The court’s ruling is significant because it could affect the outcome of other cases involving sex offenders who have been convicted of multiple counts in a single case. It could also lead to changes in the state’s sex offender registration statute.

Here are some additional points that were raised in the text:

  • The state’s attorney general had previously issued an opinion that multiple convictions in the same case require lifetime GPS monitoring. However, the court found that this opinion was not binding.
  • The court’s ruling was not unanimous. Two justices dissented, arguing that the court’s interpretation of the statute was too narrow and that it would allow sex offenders to avoid lifetime registration even if they had committed serious offenses.
  • The court’s ruling was met with mixed reactions. Some people praised the court for its decision, while others criticized the ruling as being too lenient on sex offenders.

[18:31] Question about a PFR moving to Georgia.

[25:52] Wisconsin Supreme Court ruling gives hope to offenders on lifetime GPS
https://captimes.com/news/community/wisconsin-supreme-court-ruling-gives-hope-to-offenders-on-lifetime-gps/article_2b054c54-1860-5761-93ff-cc04f1395719.html

https://www.registrymatters.co/podcast/rm272-wisconsin-supreme-court-determined-the-meaning-of-separate-occasions/

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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.


RM271: Unpacking Idaho SORA: Examining the Case of Does v. Raúl Labrador

In this episode, Andy and Larry discuss the case of Does v. Raúl Labrador, attorney general of Idaho, which involves a challenge to Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act (Idaho SORA). The plaintiffs in the case are six individuals who were charged or convicted before 2006 and are required to register for life under SORA. Idaho’s sex offender registration law was originally enacted in 1993 and was subsequently replaced by SORA in 1998, which expanded the categories of offenders required to register and made the registry publicly accessible. SORA has since been amended multiple times.

There is also a question answered as well as covering an update on the legislation in the Ninth Circuit with the Alliance for Constitutional Sexual Offense Laws

[4:05] Question / Comment that Larry doesn’t think outside of the box

[11:30] Pacific Legal Foundation and the Alliance for Constitutional Sexual Offense Laws

[26:18] Does v. Raúl Labrador

https://www.registrymatters.co/podcast/rm271-unpacking-idaho-sora-examining-the-case-of-does-v-raul-labrador/

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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.



RM269: How a False Food Stamps Claim Connects to Gun Rights and Registry Issues!

Andy and Larry discuss a gun case from the Third Circuit Court of Appeals that connects to registry issues. Bryan Range, who pleaded guilty to a nonviolent misdemeanor in 1995, was prohibited from possessing a firearm due to federal law. Range challenged the law’s constitutionality, claiming it violated his Second Amendment rights. The District Court initially ruled against him, but the Third Circuit affirmed the decision, stating that Range’s conviction placed him outside the class of people traditionally entitled to Second Amendment rights. The court examined factors such as the nature of the offense, the absence of violence, and the lack of imprisonment. They concluded that the government failed to justify the lifetime ban on firearm possession. The court differentiated between weapon forfeiture and a status-based ban, highlighting the lack of statutes or cases that prevent a convict from purchasing firearms after serving their sentence. Andy and Larry discuss the potential implications of this ruling for those on the registry, hoping it could challenge lifetime deprivations of constitutional rights.

[10:09] Voicemail regarding international travel

[21:13] Comment that “…but violated after transfer”

[27:24] Question regarding moving to another country

[35:22] Interstate Compact transfer

[46:16] How a False Food Stamps Claim Connects to Gun Rights and Registry Issues!

https://www.registrymatters.co/podcast/rm269-how-a-false-food-stamps-claim-connects-to-gun-rights-and-registry-issues

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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.


RM268: Sixth Circuit Quickly Affirms Dismissal of Class Action Filed by Registrants in Michigan

In this episode, Andy and Larry discuss a case before the Sixth Circuit Court of Appeals that has already been decided. The plaintiffs in the case sought damages from high-ranking Michigan officials, alleging that they oversaw and failed to stop unconstitutional actions by the police. The district court initially dismissed the complaint on various grounds, including sovereign immunity, and the plaintiffs appealed to the Sixth Circuit. The Sixth Circuit ultimately affirmed the district court’s decision, stating that the plaintiffs failed to state a claim of supervisory liability.

During their discussion, Andy and Larry recall their previous conversation about the case, where Larry expressed skepticism about the plaintiffs’ arguments and predicted an unfavorable outcome. They discuss the issues raised in the complaint, including due process violations, retroactive punishments, and first amendment infringement. Larry criticizes the sloppy litigation and the plaintiffs’ failure to provide sufficient evidence to support their claims. They also touch upon the issues of sovereign immunity and the plaintiffs’ attempt to hold the defendants liable based on supervisory control. The court found that the plaintiffs did not plausibly allege that the defendants authorized or knowingly acquiesced in the unconstitutional conduct, and that the allegations of knowledge were weak. The court emphasized that failure to intervene is not the same as granting authorization.

In summary, the case involved Michigan officials being sued for their alleged failure to stop unconstitutional actions by the police. The court ultimately dismissed the case, stating that the plaintiffs failed to provide enough evidence to support their claims of supervisory liability.

[2:37] Transfer of federal supervision

[14:32] Updates on Jeffrey Epstein suicide

[34:00] Sixth Circuit Quickly Affirms Dismissal of Class Action Filed by Registrants in Michigan

https://www.registrymatters.co/podcast/rm268-sixth-circuit-quickly-affirms-dismissal-of-class-action-filed-by-registrants-in-michigan

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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.


RM267: Adam Walsh Act and International Travel: Debunking Myths

In this episode, we delve into the complex intersection of sex offender registration laws and international travel. Our guest, Larry, seeks advice on his ability to travel internationally as a pilot without providing advance notice to sex offender registration authorities. The initial response suggests that there are no legal barriers to such travel, as the International Megan’s Law does not prohibit it.

However, discussions heat up when the attorney’s opinion comes into play. The attorney argues that Neil, as a Tier I offender, must comply with SORNA’s international travel requirements for 10 years, starting from his probation period. Larry, on the other hand, contests this viewpoint, stating that state laws hold authority over the duration of registration if Neil has connections or residency in Texas.

Further complications arise when the question of Adam Walsh Act requirements and international travel notice is raised. The attorney claims that once the federal duty to register expires, the obligation to provide travel notice also ceases. Larry, however, disagrees, highlighting the absence of a federal registry and asserting that state laws establish the rules. He argues that if a state like Florida requires lifelong registration and advance notice of international travel, federal law should not supersede those state requirements.

Join us as we navigate the intricate landscape of sex offender registration and international travel. We explore the implications of federal and state laws, analyze the attorney’s interpretation, and delve into the complexities of harmonizing these regulations. Listen in to gain a deeper understanding of the legal considerations surrounding sex offender registration and traveling abroad.

[2:28] Convicted in Michigan, PFR faces lifetime registration in Alabama.

[10:20] Listener Feedback Response

[37:02] AWA with Guest Neil from Texas

https://www.registrymatters.co/podcast/rm267-adam-walsh-act-and-international-travel-debunking-myths

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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.


RM266: The Albuquerque Police Officer Sex Case: A Case Study in Negotiated Pleas

Learn about negotiated plea deals and defense strategies in high-profile cases from this podcast discussion. The hosts explore the case of former police officer Joshua D., accused of child solicitation and contributing to the delinquency of a minor, and discuss the challenges of negotiating a plea deal in a high-profile case. They also share strategies for defense, including finding weaknesses in the prosecution’s case, humanizing the defendant, and preparing for sentencing. Join Andy and Larry as they delve into the nuances of criminal defense in complex cases.

[6:01] Can you rent to multiple PFRs? Is it something you should fight to have changed if you can’t?

[10:02] Should non-contact, image offenses get such a large amount of prison time? And should it be considered violent?

[19:27] The Albuquerque Police Officer Sex Case
https://www.abqjournal.com/2596702/former-albuquerque-police-officer-joshua-deleon-charged-after-allegedly-trying-to-coerce-teen-into-relationship.html

[49:06] End the Trial Penalty
https://www.nacdl.org/newsrelease/News-Release-~-05-03-2023?_zs=B2BgM1&_zl=uRG77
https://www.reuters.com/legal/us-criminal-justice-alliance-seeks-erase-trial-penalty-2023-05-03/
https://www.npr.org/2023/05/03/1172807956/trial-penalty-plea-deal

https://www.registrymatters.co/podcast/rm266-the-albuquerque-police-officer-sex-case-a-case-study-in-negotiated-pleas

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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.


RM265: Demystifying the Interstate Compact for Adult Offender Supervision

The conversation is about the Interstate Compact for Adult Offender Supervision and how it can be confusing. The issue was raised by a question in the Legal Corner about a person who was transferred from Arizona to New Mexico and did not receive a review hearing after five years of supervision, as mandated by New Mexico law. The person in question was convicted in Arizona and has lifetime supervision imposed by Maricopa County. It is clarified that only Arizona can reduce or eliminate the remainder of the lifetime supervision, and New Mexico cannot ignore their own laws regarding review hearings for PFRs. However, the receiving state can impose special conditions that the offender must abide by. The conversation highlights the complexity of interstate supervision and the need for a better understanding of the powers each state has over offenders transferred through the ICAOS.

[3:44] Path to voting continues to be murky for Florida’s previously incarcerated

[12:00] Michigan PFR’s Seek individual liability for enforcement of vacated rules

[34:44] Transferring supervision to another state

https://www.registrymatters.co/podcast/rm265-demystifying-the-interstate-compact-for-adult-offender-supervision

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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.


RM264: Wyoming Supreme Court Rules Against DCI in Sex Offender Registration Case

On Registry Matters 264, we dive into a case where the Wyoming Supreme Court has ruled that the Wyoming Division of Criminal Investigation (DCI) overstepped its authority by requiring a Casper man to register as a sex offender 20 years after he was convicted of a misdemeanor sexual battery charge in Georgia. The court found that the DCI did not have sufficient evidence to support its decision, and that the man’s registration was therefore unlawful.

[3:01] Why does the PFR community continue to use recidivism instead of disabilities and restraints?

[8:45] Florida Senate Bill 1252 Amendments

[35:10] James Bullard, Minter versus the state of Wyoming

https://www.registrymatters.co/podcast/rm264-wyoming-supreme-court-rules-against-dci-in-sex-offender-registration-case

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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.