RM103: State vs Morger – Illinois Social Media Ban Ruled Unconstitutional

Registry Matters 103 is in the house. We have an incredibly good decision for our side in Illinois. State vs Morger. They ruled that a social media ban is unconstitutional. They said that a probationer cannot be totally banned from the Internet; it must be narrowly tailored. This decision is great news for those on the registry and their ability to use the Internet.

In New Jersey, the text says “offense free”, not “sex offense free” to be removed from registry requirements; Mom is topless in her home may have to register as a sex offender; State of Illinois versus Conrad Morger – While on probation, a total ban on the Internet is ruled unconstitutional; Detainees in San Francisco jails are held for years with no natural light and other shameful conditions; Utah is piloting a program to afford those incarcerated with a college education; Online child abuse is an incredibly hard problem to solve and a patchwork of laws doesn’t make it any easier; Therapist had an inappropriate relationship with a patient; Inmates cost significantly more money as they age, a batch of articles covers death behind bars and a myriad of problems that go with it; West Virginia inmates that wish to read will be charged by the minute for the books on their tablets;

[2:37] https://www.courthousenews.com/registered-forever-nj-offenders-fight-for-reprieve/
New Jersey Registration_2019

[11:20] https://www.kwtx.com/content/news/Mother-charged-may-have-to-register-as-sex-offender-after-being-topless-in-her-home-565211722.html
Utah Statute_Lewdness_2019

[23:40] State v Morger_IL_Social Media Ban
https://www.vice.com/en_us/article/ev3qw7/how-to-quit-apple-microsoft-google-facebook-amazon

[58:20] https://www.courthousenews.com/judge-wades-into-debate-over-conditions-at-san-francisco-jails/

[1:03:10] https://www.kuer.org/post/prison-saved-my-life-utah-inmates-seeing-new-horizons-college-coursework?fbclid=IwAR3yOB3uDZfkUR7dui8mnoYmJofQdCftyazj59zrAKwiRSp-SdDMYWyCrhI#stream/0

[1:09:30] https://www.nytimes.com/2019/11/12/us/online-child-sex-abuse.html

[1:17:15] https://www.usnews.com/news/us/articles/2019-11-19/ap-exclusive-therapist-broke-rules-with-iowa-sex-predator

[1:20:00] https://theappeal.org/death-by-incarceration-pennsylvania-photo-essay/
https://theappeal.org/life-sentence-arkansas-clemency/
https://www.inquirer.com/opinion/editorials/pennsylvania-felony-murder-lifers-board-pardons-lieutenant-governor-john-fetterman-commutation-20191117.html
https://thehill.com/blogs/congress-blog/politics/470844-to-understand-death-behind-bars-we-need-more-information

[1:26:30] https://reason.com/2019/11/22/west-virginia-inmates-will-be-charged-by-the-minute-to-read-e-books-on-tablets/

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RM86: Snider v Indiana with Attorney Ashley Cloud

We are joined this week by Ashley Cloud, who is the is the staff attorney for Liberty & Justice Coalition, the New Mexico affiliate of NARSOL  We three take another swing at Gundy. Then we move over to Snider v Indiana, a huge victory handled down by a federal judge in Indiana a couple of weeks ago. We talk with Ashley about the new position she holds and what cases New Mexico is going to work on.

Our articles tonight first covers putting ankle monitors on people, with no rhyme or reason; Statute of limitations is over in Illinois. Over; An article from the Huffington post with a shocking title, with awesome content – The SO laws DO NOT make kids safer; How peremptory strikes are a misused tool by prosecutors; Scalia called Stevens arrogant, but it was evolved; Teen tazed by officer has brain damage four years later; The Feds are going to start executing people again for the first time in nearly 20 years; Over 20 academics in Philly call into question the reporting of increased crime; 25 Families of registered citizens file suit challenging the registry – This is VERY COOL!

[57:20] Antonin Scalia

[1:07:30] https://www.themarshallproject.org/2019/07/15/illinois-puts-ankle-monitors-on-thousands-of-people-now-it-has-to-figure-out-exactly-who-gets-tracked-and-why

[1:13:00] https://www.chicagotribune.com/politics/ct-sexual-assault-statute-of-limitations-20190726-pe7hwzphovf2vnvtfoddhmhlby-story.html
https://www.newyorker.com/magazine/2019/07/29/the-case-of-al-franken

[1:17:30] https://www.huffpost.com/entry/sex-offender-laws-dont-make-children-safer-politicians-keep-passing-them-anyway_n_5d2c8571e4b02a5a5d5e96d1

[1:23:30] https://theappeal.org/the-power-of-peremptory-strikes/

[1:27:25] https://theappeal.org/scalia-called-stevenss-evolution-arrogance-it-was-the-opposite/

[ 1:31:00] https://www.huffpost.com/entry/timothy-runnels-bryce-masters-taser_n_57571f6de4b07823f95188c9

[1:38:30] https://www.cnbc.com/2019/07/25/william-barr-orders-first-federal-executions-in-nearly-two-decades.html

[1:41:00] https://www.phillyvoice.com/two-dozen-philly-academics-inquirer-crime-coverage-undermines-criminal-justice-reform/

[1:48:50] https://www.moberlymonitor.com/news/20190723/federal-suit-challenges-sex-offender-registry

Snider v Indiana_2019

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RM81: AK High Court Law Requiring All Sex Offenders To Register Unconstitutional

In this somewhat abbreviated episode, which we recorded in our super secret hideaway bunker, we cover the recent Alaska ruling requiring all registrants to register unconstitutional. But before we get there, we talked about people being restricted from libraries, and what it means that FaceBook is a publicly traded, but private company; Florida is at it again forcing registrants from the new(ish) home, but where do they go???; Pittsburgh warns registrants of a phone scam working its way through their ranks; Cuba Gooding Jr and Brian Singer accused of sexual misconduct and will try to defend himself from those allegations – he believes the system will treat him fairly; Cop uses SnapChat filter to switch his gender to nab people looking to hookup with a teen girl; We have a clip of Scalia talking about interpreting the law; and of course, this great decision out of Alaska regarding requiring all registrants to register as unconstitutional.

[13:00] https://www.miaminewtimes.com/news/homeless-sex-offenders-booted-offered-shelter-by-frank-diazs-united-we-all-can-11191829

[20:40] https://pittsburgh.cbslocal.com/2019/06/10/sex-offender-phone-scam/

[25:20] https://www.nbcbayarea.com/news/local/Student-Uses-Snapchats-Gender-Switch-Filter-to-Nab-Cop-Allegedly-Looking-to-Hook-Up-With-Teen-Girl-511113282.html

[32:22] https://www.ozy.com/presidential-daily-brief/pdb-94954/hetoo-94968

[48:20] https://www.washingtonexaminer.com/policy/courts/alaska-supreme-court-says-law-requiring-all-sex-offenders-to-register-is-unconstitutional
https://www.adn.com/alaska-news/crime-courts/2019/06/14/alaska-supreme-court-declares-law-requiring-all-sex-offenders-to-register-unconstitutional/

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RM66: Court Provides New Tool To Challenge Registration

On Episode 66 of Registry Matters, we cover a couple listener questions; New York Supreme Court says you can’t put someone on Sex Offender supervision for a non-sexual offense; Concrete thrown through window day after police detail removed; We have a double standard between sexes in sexual offenses; Democrats extend statute of limitations in New York leading to a big uptick in attorney shopping; SCOTUS oral arguments lead to speculation regarding cases involving registrants;  Sex trafficking (not really) in Florida; Vets with Tier III offenses forfeit their right of military burial; Man in Boone, Iowa is allowed on school property – but other parents don’t want him there; SCOTUS expands precedent on ineffective counsel; Compliance checks with a full on police force and camera crew – are you sure this is a civil regulatory scheme; Media outlet fearmongering on California bill; 3rd Circuit provides a new vehicle to get into court for relief (Great news!)

http://art19.com/shows/today-explained/episodes/1d31e5a8-440a-4528-b554-4df534cd210c

[24:25] http://www.nycourts.gov/reporter/3dseries/2019/2019_01267.htm

[30:10] https://www.msn.com/en-us/news/us/police-monitoring-of-sex-offenders-home-cost-nearly-dollar103000/ar-BBTW4BT

[32:50] https://www.azcentral.com/story/news/local/southwest-valley/2019/02/27/brittany-zamora-public-records-detail-goodyear-teacher-sexual-assault-allegations-student/2980023002/

[40:24] https://www.msn.com/en-us/news/basketball_nba/law-would-ban-sex-offenders-from-some-multi-unit-buildings-houses-in-maine/ar-BBU3y5v?ocid=st

[43:25] https://www.law.com/newyorklawjournal/2019/02/25/ny-law-firms-taking-more-child-sex-abuse-cases-in-wake-of-new-laws-enactment/

[52:20] https://www.scotusblog.com/2019/02/argument-analysis-court-poised-to-rule-for-challenger-in-dispute-over-constitutionality-of-sex-offender-law/
https://slate.com/news-and-politics/2019/02/gorsuch-sotomayor-jury-trial-haymond.html

[1:01:50] https://reason.com/blog/2019/02/25/florida-massage-parlor-sex-stings
[source] https://reason.com/archives/2015/09/30/the-war-on-sex-trafficking-is

[1:06:15] https://www.federalregister.gov/documents/2019/02/25/2019-03078/prohibition-of-interment-or-memorialization-of-persons-who-have-been-convicted-of-federal-or-state

[1:08:40] https://www.weareiowa.com/news/local-news/registered-sex-offender-allowed-in-boone-schools/1815220566

[1:12:00] https://www.courthousenews.com/supreme-court-expands-precedent-on-ineffective-counsel/
https://www.courthousenews.com/wp-content/uploads/2019/02/garza.pdf

[1:15:40] https://narsol.org/2019/03/routine-compliance-checks-are-anything-but/

[1:20:20] https://www.snopes.com/fact-check/ca-democrats-lgbtq-bill-pedophiles/
[source] https://web.archive.org/web/20190223185752/https://thewashingtonpundit.com/2019/02/21/ca-democrats-introduce-lgbtq-bill-that-would-protect-pedophiles-who-rape-children/

[1:22:05] https://www.registrymatters.co/wp-content/uploads/2019/03/Third-Circuit_2019_Habeas.pdf

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RM62: Halloween Hysteria Stopped In Its Tracks

Today’s episode covers a couple listener questions and a listener comment; 16 y/o succeeds in suicide after threat of criminal prosecution; Michigan law remains in place after 6th circuit decision; Officials in New York question the effectiveness of the registry; Homeless registrants in Hawaii possibly pushed into the sea; Victims Advocates get big victory in New York; Prisons in the US are creating huge database of voice signatures; Have you signed up for notifications of registrants moving into your neighborhood?; Arkansas derails Halloween hysteria bill

[31:00] https://www.theeagle.com/news/nation/judge-dismisses-lawsuit-alleging-police-school-district-contributed-to-student/article_14671a2b-b2db-57a2-8781-ced0c2f4b3ba.html

[36:30] https://www.thedailyreporter.com/news/20190101/changes-in-sex-offender-registration-challenged

[43:00] https://www.columbiapaper.com/2019/01/officials-question-impact-of-sex-offender-registry/

[54:15] https://registryreport.org/2019/01/28/hawaiis-homeless-registrants/

[58:30] https://theislandnow.com/news-98/child-victims-act-passes-extending-opportunities-for-survivors-to-file-charges/

[1:04:00] https://theappeal.org/prisons-across-the-u-s-are-quietly-building-databases-of-incarcerated-peoples-voice-prints/

[1:09:45] https://abcnews4.com/news/local/sled-sends-sex-offender-alerts-do-you-get-them

[13:30:00] https://www.arkansasonline.com/news/2019/feb/01/sex-offender-bill-dealt-setback-in-comm/
https://floridaactioncommittee.org/legislators-getting-clued-in-on-sex-offender-bs/

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RM62: Halloween Hysteria Stopped In Its Tracks


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RM55: States Rights Rule The Day

Larry and Andy cover an update about the appeal (or lack thereof) in NC in Meredith v. Stein; Attorney defending a guy of rape in the #MeToo era; Dire straights in Louisiana’s Public Defenders office; Farm bill passes with status-quo work requirements; You become out of sight, out of mind when you go to prison; GOP is possibly not the law and order party they profess; We probably shouldn’t lock up children with adults (what a concept); Why do people download CP; Out of Ohio, Doe vs. Michael Dewine, Ohio Attorney General

[13:00] https://abovethelaw.com/2018/12/trying-a-sex-case-as-a-woman-in-the-metoo-era/
https://www.wnycstudios.org/story/object-anyway

[22:00] https://www.theadvocate.com/baton_rouge/news/politics/article_2c1eb370-fe35-11e8-9599-e7bf2f7d1341.html
https://www.sltrib.com/news/2018/12/10/utahs-troubled-public/

[36:00] https://www.npr.org/2018/12/11/673453156/farm-bill-compromise-reached-with-snap-changes-out-industrial-hemp-in

[42:20] https://www.themarshallproject.org/2017/04/03/what-i-learned-about-justice-reporting-from-inside-prison

[50:00] https://www.washingtonpost.com/opinions/is-the-gop-the-law-and-order-party-not-so-much/2018/12/10/b646336e-fcc0-11e8-ad40-cdfd0e0dd65a_story.html
https://www.washingtonpost.com/opinions/jeffrey-epsteins-plea-deal-is-a-travesty-but-we-can-still-find-justice/2018/12/11/de73fdd0-fd79-11e8-83c0-b06139e540e5_story.html?noredirect=on&utm_term=.76b868339dfd

[1:00:00] https://www.themarshallproject.org/2018/12/12/the-criminal-justice-reform-bill-you-ve-never-heard-of?ref=hp-1-111

[1:05:20] https://www.psychologytoday.com/us/blog/witness/201705/why-are-these-men-downloading-child-pornography

[1:12:00] No17-3857

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RM40 – Don’t Hold Back Your Social Media Password

The Registry Matters Podcast moves into episode 40 this week. First up is to self congratulate for reaching > 100 YouTube subscribers. We have a branded YouTube Channel!!! Hooray. https://www.youtube.com/c/RegistryMatters. An article from the Economist posits why support for the death penalty is going up; Failure to report your social media passwords could put you behind bars; The California Bail bill might not be as great as everyone things; New sexual misconduct rules from the feds; Officer who shot 15y/o gets 15 years; Defendants pay to plead guilty in PA; a decision from the 7th circuit court of appeals against the homeless; Criminal justice system in SF waives fees for 21k people; an opinion piece by Lenore Skenazy; Intellectually challenged teen has sentence removed, but still in treatment to reduce recidivism; and podcast interview w/ Emily Horowitz. WOW! All of that content this week. Holy cow.

[10:00] The Economist: Why support for the death penalty is rising again in America
https://www.economist.com/the-economist-explains/2018/08/24/why-support-for-the-death-penalty-is-rising-again-in-america

[19:10] Buffalo News: Sex offender gets jail for not reporting social media password
https://buffalonews.com/2018/08/30/sex-offender-to-serve-a-year-in-jail-for-not-reporting-social-media-password/

[23:30] The Marshall Project: So Much for The Great California Bail Celebration
https://www.themarshallproject.org/2018/08/30/so-much-for-the-great-california-bail-celebration

[36:50] The NY Times: New U.S. Sexual Misconduct Rules Bolster Rights of Accused and Protect Colleges
https://www.nytimes.com/2018/08/29/us/politics/devos-campus-sexual-assault.html?emc=edit_na_20180829&nl=breaking-news&nlid=53430114ing-news

[41:00] The Appeal.org: Defendants in PA pay a fee just to plead guilty
https://theappeal.org/in-pennsylvania-defendants-pay-a-fee-just-to-plead-guilty/

[49:30] NPR.org: Officer who shot 15 y/o boy in the back gets 15 years
https://www.npr.org/2018/08/30/643207427/texas-officer-who-fatally-shot-black-teen-sentenced-to-15-years-in-prison

[51:00] Decision from the 7th Circuit court of appeals
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-23/C:17-1449:J:Barrett:aut:T:fnOp:N:2207147:S:0

[1:06:50] The San Francisco Chronicle: Criminal justice system fees for 21k waived
https://www.sfchronicle.com/politics/article/Criminal-justice-system-fees-for-21-000-waived-13175850.php

[1:09:06] An opinion piece at the New York Times by Lenore Skenazy
https://www.nytimes.com/2018/08/23/opinion/stranger-fear-children-kidnapping-india.html

[1:15:00] https://www.youtube.com/watch?time_continue=2&v=N3fHkCFxgQQ

[1:18:00] The Appeal.org: Case Of Intellectually Disabled Teen Falsely Accused Of Sex Offense Reveals Registry Flaws
https://theappeal.org/case-of-intellectually-disabled-teen-falsely-accused-of-sex-offense-reveals-registry-flaws/?platform=hootsuite

[1:21:13] Thaddeus Russell podcast Unregistered interview with Emily Horowitz
http://www.thaddeusrussell.com/podcast/62

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RM37 – Life In Prison Without Due Process

In this weeks show, Larry and Andy take a deep dive into civil commitment. But prior to that, a few comments from people on Twitter have comments about last week’s show. There are articles covering the whole spectrum of issues. Such as: Under what conditions should an 11 year old girl get taser treatment; Why is that more people are locked up for technical violations than new crimes?; Do it make sense to help inmates re-acclimate to post prison life?; Does a prison sentence mean death because you can’t get your insulin. An action packed, exciting episode!

This week, I’d like to thank a new patron – that wishes to remain anonymous. She comes in at the Hustler level. Very exciting! Send me a message with an address, so that I can send you an exquisite Registry Matters Blue Ball.

[2:50] To Reclassify Sex Offenders, Mass. SJC Says Sex Offender Registry Board Has Burden Of Proof
http://www.wbur.org/news/2018/08/01/sex-offender-registry-reclassification-sjc

[8:46] I tweeted part of conversation last week about the man in OH that can’t see his son.
https://twitter.com/RegistryMatters/status/1027527195978354688
Do you have a fundamental right to be with your spouse & your children?
We’ve got court decisions that say you can marry whoever you want. I would think that would extend your children too. I would like to think your children are basic right.
I have a quick question about the fundamental right to your family. Someone commented on Twitter that the AWA removes that fundamental right. I’ve asked for the specific language, – still waiting. I was hoping you could expand on it.

[15:50] This was written by Joshua Vaughn – from The Appeal.org. Failure-to-comply Arrests Reveal Flaws In Sex Offender Registries
https://theappeal.org/skyrocketing-charges-for-failing-to-comply-with-sex-offender-registries-reveal-their-flaws/
Basically, the psychologists say that the registry creates a false sense of security. And to drive the sense of security home, since they aren’t rearresting people for new crimes.

[21:00] This article comes from Governing.com. And we’ll just cover it briefly that there is a trial going on in North Dakota. They are taking a much softer hand in criminal justice and helping people get back on their feet. Teaching them soft skills like shopping smarter. They actually take them for supervised grocery store visits.
http://www.governing.com/topics/public-justice-safety/gov-north-dakota-prison-criminal-justice-reform.html

[28:57] Court upholds ex-Stanford swimmer’s sex assault conviction
https://www.apnews.com/c63571c1cf2d4c2bad3a73027fd6b159/Court-upholds-ex-Stanford-swimmer

[33:30] An 11-year-old was accused of shoplifting. An off-duty officer Tasered her in the back.
https://www.washingtonpost.com/news/post-nation/wp/2018/08/08/an-11-year-old-girl-was-accused-of-shoplifting-an-off-duty-officer-tasered-her-in-the-back/?utm_term=.a02afba92e19

[44:06] From the The Tennessean.com – At Tennessee’s largest prison, diabetic inmates say they are denied insulin to ‘maximize profits’
https://www.tennessean.com/story/news/2018/08/07/corecivic-diabetic-inmates-denied-insulin-trousdale-turner/925297002/

[50:05] A question on Twitter from Marie
Do kids have a right to be with their parents? They have the right to “divorce” their parents (dont they?), which implies the right to choose. Maybe kids should sue the state for interfering in family relationships.

[58:00] Civil commitment questions:
Is there a standard of evidence to be placed into it?
Is it criminal or civil?
Does the individual have a right to representation?
Is there a standard to get out?
Do the treatment providers have an incentive to keep you in?

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RM37 – Life In Prison Without Due Process


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Episode 26 – How Lea Bickerton Is Helping Registrants

We are graciously joined by Lea Bickerton. Who is a practicing attorney in the Pittsburgh, Western Pennsylvania area @ Bickerton & Bickerton Attorneys at Law. While doing research for tonight, I discovered that you’re a multiple-time recipient of the Rising Stars award from Super Laywers.com. We’re very fortunate to have you joining us tonight 🙂
@bickertonlaw on Twitter https://twitter.com/bickertonlaw