California Criminal Lawyers Blog

Our Orange sex crimes defense lawyers were interested to see an article about a temporary resolution to a local controversy with national coverage. According to a July 15 article from the Orange County Register, a group rehabilitation home for sex offenders in Anaheim has been disbanded, and its six residents have moved away. The home is run by the Holy Ground Christian Fellowship of Buena Park, and the homes' administrator, Betsy Mata has said she believes the offenders are committed to changing. But neighbors protested the home and another Holy Ground home elsewhere in Anaheim, saying they were afraid for their children's safety. The organization did not respond to calls asking why the offenders moved, but one protester said she noticed some of the offenders living about 10 miles away.

The controversy started when neighbors of the two homes learned that the church was renting them to serve as group homes for sex offenders in rehabilitation. Local parents were reportedly outraged by the existence of the homes and afraid for the safety of their children. The leader of the 60-member church, pastor Jose Mata, said the offenders are screened and closely monitored. They also wear GPS ankle bracelets. Mata noted that these homes were in the few areas where sex offenders may legally live, because of state law residency restrictions. The upset neighbors canceled a protest out of fear of the church's rough-looking neighborhood, but state Sen. Lou Correa held a community meeting on the subject and the Matas, who are husband and wife, appeared on television show Dr. Phil to talk about it. Linda Liptrap-Gutierrez, a neighbor who led the protests, said she noticed a car belonging to one of the offenders in a different neighborhood recently, and after confirming that three were living there, knocked on neighbors' doors to explain the situation.

In an older article on this controversy, Liptrap-Gutierrez is quoted saying that she realizes that the offenders need help, but that they shouldn't live in her neighborhood and "put[] the burden on us." As Placentia sex crimes criminal defense lawyers, we believe this comment epitomizes the problem with protests like hers: No one wants sex offenders in their backyard, even when there's no evidence of a problem. In fact, these sex offenders are among the most heavily monitored people released from the prison system, with GPS ankle bracelets, severe restrictions on where they may live and legal requirements to register with police. The supervision of the group homes added yet another layer of security against any child molestation they were planning. Furthermore, it's worth noting that the vast majority of sex crimes against children are committed by someone the child knows, frequently a family member, which means fear of strangers is somewhat overstated. And of course, you don't have to commit a crime against a child to end up on the sex offender list.

Meanwhile, residency requirements for sex offenders are so severe that some end up homeless. Ironically, this actually makes it harder for law enforcement to track the whereabouts of sex offenders, meaning children are less safe. Trying to pile on further restrictions might be an understandable reaction from scared parents, but it is counterproductive as well as an extremely harsh restriction on the freedom of people who have already served their time.

Continue reading "Religious Sex Offender Rehabilitation House Moves After Protests and TV Publicity" »

Our Brea sex crimes criminal defense lawyers were interested to read about a police shooting of a man suspected of child molestation. As the Orange County Register reported May 25, officers from the Anaheim and Brea police departments shot at Daniel Roy Smith after he tried to run away from them. The officers were serving an arrest warrant for Smith, who is accused of molesting two girls under the age of 14 in Orange County. Smith was at an apartment complex May 20 when he fled the officers, who chased him and shot him in front of a school in Laguna Niguel. After time in a hospital, Smith is being jailed in Santa Ana in lieu of $1 million bail.

Smith is charged with four felony counts stemming from alleged molestations in Orange County in 2001 and earlier this year. The victims were girls under 14 who he knew, officers said; he is not a random predator. However, this is not the first time Smith has been accused of inappropriate behavior with girls under 14. In fact, he was acquitted last year of similar charges in Los Angeles County, which stemmed from a 2008 incident. At that time, Smith was a traveling astronomy teacher who gave talks at schools. During a visit to a school in San Gabriel, Smith allegedly touched four girls under the age of 14 inappropriately. He was tried on three counts related to those incidents in 2009 and found not guilty by a jury. Three other charges were dismissed.

We know that some readers will immediately conclude that the Los Angeles jury made a mistake, since Smith was charged again. In fact, they might be right. But because we are Costa Mesa sex crimes criminal defense attorneys, we also believe it's possible that the jury did the right thing by acquitting Smith. Child molestation is a very serious charge, carrying three to eight years in prison for each act. That's in addition to a severe social stigma and lifelong obligation to register as a sex offender. Knowing this, many jurors could be careful to only convict if they believe the charge has been proven beyond a reasonable doubt. In Smith's case, the jury apparently didn't feel that confidence. The serious consequences of a child molestation conviction may also be why Smith felt the need to flee the arrest, giving the officers an excuse to open fire.

Continue reading "Police Officers Shoot Man Fleeing Arrest Warrant for Alleged Child Molestation" »

As Anaheim sex crimes defense attorneys, we were very interested to read about an apparent attempt to sweep a local sex offender encampment under the rug. The Los Angeles Times reported May 7 that the state Parole Department has moved an encampment of homeless sex offenders out of the block where the parole office is located in Anaheim. The 30 to 40 homeless, some of whom lived in cars or RVs, may have been homeless because of Jessica's Law, the California law that makes it a crime for a registered sex offender to live in certain areas. Anaheim police say they knew about the situation and were working with the homelessness aspect of the case, but didn't know about the Parole Department's decision to move the encampment until after it happened.

Sex offenders in California may not live within 2,000 feet of schools, parks and other sensitive areas. Failing to observe this rule can lead to more criminal charges. However, the residency restriction can severely limit where offenders can live in dense cities, which critics say forces offenders into homelessness. The article said more than a third of sex offenders in Orange County are homeless, and just under a fourth are homeless statewide. The homeless offenders in Anaheim also liked the block because it was next to the parole office, where they were required to meet with officers and permitted to use the electricity to charge their GPS monitoring ankle bracelets. The decision to move the offenders came after media inquiries and complaints from local businesses, the article said, although the Parole Department would not comment. Police said they refrained from citing the offenders for camping on the street because they were trying to work with Parole for a better permanent solution.

Our Yorba Linda sex crimes criminal defense lawyers are disappointed that police and parole officers tolerate a situation that causes unnecessary homelessness. Jessica's Law was intended to protect children by keeping an eye on the whereabouts of convicted sex offenders. By forcing them into homelessness with overly strict residency requirements, the law could actually make it harder for law enforcement to keep an eye on offenders. (This is especially true if the Parole Department doesn't share the relocation information with the local police.) Homelessness also makes it harder for sex offenders to get jobs, which in turn makes it harder for them to rejoin society and avoid recidivism. And of course, it's callous to offer offenders a choice between homelessness and exile from the places and people they know.

Continue reading "Authorities Move Encampment of Sex Offenders Made Homeless by Jessica's Law" »

As Buena Park Jessica's Law criminal defense attorneys, we were interested to see a piece about a registered sex offender in an interesting legal situation. According to a May 4 article in the Orange County Register, Eric Hinnenkamp, 45, is a registered sex offender who also owns a Fullerton home left to him by his parents. That home is so close to a park that he is forbidden from living there under Jessica's Law, which places restrictions on the residency of certain sex offenders. However, law enforcement does not believe Hinnenkamp can be barred from owning or visiting his property under the California Constitution. Neighbors upset that Hinnenkamp is still permitted to visit the property crowded into a meeting May 4 at the Fullerton Police Deapartment.

Hinnenkamp's sex offender status comes from a record of sex-related crimes that includes convictions for indecent exposure, sexual battery and child molestation. He also has a conviction for failure to register as a sex offender in 2000. According to a Fullerton police officer, Hinnenkamp must wear a GPS device, which means officers can track his movements consistently. He is registered as a resident of Huntington Beach. However, parole officers have permitted him to visit the Fullerton property from 10 a.m. to 2 p.m. on Mondays, Wednesdays and Fridays, which has triggered a backlash from the neighbors. Law enforcement authorities said "residency" is not well defined enough for them to keep Hinnenkamp away, and that Jessica's Law does not give a specific penalty for residency violations. One neighbor complained that authorities are not doing enough to keep Hinnenkamp away, and also that Hinnenkamp is not maintaining the property.

Our San Juan Capistrano Jessica's Law criminal defense lawyers had to laugh at this last complaint. Hinnenkamp would have considerably difficulty mowing the lawn if he is barred from his property at all times, as the neighbor appears to want. More seriously, however, this article illustrates how convoluted and overreaching sex offender laws can be. Critics claim residency restrictions don't work because offenders are unlikely to prey on children during the nighttime hours, when kids are at home with their parents. In fact, areas like South Florida are now easing those restrictions and adding "loitering" laws that forbid offenders from hanging around places like schools during times when children are there. It's also worth mentioning that very strict residency restrictions can push offenders into homelessness and keep them away from loved ones, both of which can negatively affect their efforts to build law-abiding, productive lives.

Continue reading "Neighbors Protest Sex Offender's Ownership of House Where He Cannot Legally Live" »

As Santa Ana sex crimes defense attorneys, we were surprised and pleased by a recent statement by the California state Sex Offender Management Board. The Contra Costa Times reported Feb. 16 that the board recommends major changes to Jessica's Law and other laws restricting the rights of sex offenders after release from prison. Board members said these laws force sex offenders into homelessness and cost a lot of money but don't seem to make citizens any safer. They also apologized for the agency's failure to find Philip Garrido, the convicted rapist who kidnapped 11-year-old Jaycee Dugard in 1991 and held her captive in Northern California for 18 years.

Jessica's Law bans convicted sex offenders from living within 2,000 feet of a school or another place where children gather regularly. Matthew Cate, the state's secretary of corrections and rehabilitation, said the law makes it nearly impossible to find legal housing in some areas. As a result, the number of homeless sex offenders has skyrocketed, from fewer than 100 before the law took effect to thousands today. Studies have shown that the instability of homelessness can actually increase the risk of re-offending. The agency recommended applying Jessica's Law only to the most serious offenders; routinely requiring treatment for sex offender parolees; taking low-risk offenders off the list after a set period; and combining GPS anklets with community supervision.

The article notes that politicians see a risk of being labeled "soft on crime" if they back a repeal of Jessica's Law. Our Long Beach sex crimes criminal defense lawyers agree that this is a risk, but we think that's a real shame. As the board members explained, residency restrictions for sex offenders can actually increase the risk of another crime by making it hard to find a home, a job and other basic tools of living a law-abiding life. Meanwhile, the rules strain the state budget, creating thousands of new parolees and expensive programs at a time when we can't afford to support failed programs. And while the board didn't make this argument, we believe sex offender registration laws violate the spirit of the law by imposing extra penalties on people who've already done their time. Even former murder convicts don't face the same legal restrictions and social stigma.

Continue reading "State Board Admits Sex Offender Restrictions Are Ineffective and Expensive" »