Criminal Law

A Response to Ms. Pope

Posted on July 09, 2009
Ms. Pope, in responding to my post on age of consent laws really misses my point. First, this is a blog by a criminal defense lawyer-not a political partisan (at least in this context). When I say I think the...

Progress on the Sex Offender Registry

Posted on July 09, 2009
This was signed into law by the Governor on June 11, 2009. While not perfect and still a continuation of the ex post facto scheme (which has been upheld by the Law Court)-but progress nonetheless. In sum, some offenders can...

Legislation on Residency Restrictions and Registration

Posted on May 16, 2009
Well, its some progress. From the Bangor Daily News: AUGUSTA, Maine ? Legislation that would restrict a community?s ability to control where sex offenders live in town is headed to the full Legislature after a last-minute compromise received a favorable...

A Random Thought on the Age of Consent

Posted on April 11, 2009
In all states there is an age below which someone cannot consent to sexual activity. The age varies from state to state. In Maine the age is 14 or 16 depending on the age of the older partner. In all...

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Adam Walsh Act in the Crossfire

Posted on February 10, 2009
In Maine the Adam Walsh Act is seen (from the defense perspective) as an improvement over the current state of affairs. While it may be just as draconian in some respects, the AWA at least holds open the possibility, in...

Things NOT To Wear To Court

Posted on February 09, 2009
Occasionally some people so transcend cluelessness that it approaches the sublime. The most common example I have seen is the Defendant charged with OUI (DWI) who wears a Budweiser t-shirt to court. Recently, though, I saw a Defendant charged with...

What a difference some favorable facts make!

Posted on February 02, 2009
I was recently involved in a computer solicitation case in which my client was accused of enticing a "13 year old" (who in reality was a cop) to a location under one of our local bridges. The investigation began when...

What Women Want

Posted on January 24, 2009
One of the constant and ongoing challenges of the defense attorney in sex cases is to figure out a rationale explanation for seemingly irrational and otherwise assaultive behavior. The possible permutations or human sexual desire, regrets and motivations is to...

Child Porn Victory

Posted on December 16, 2008
State v. T.J. In 2006 the Defendant?s then wife went to the police station and reported that her husband was cruising websites showing child pornography. The police seized the computer and found said pornography. A divorce ensued, now ex-spouse retained...

DHHS "Substantiation" Hearings Described

Posted on December 01, 2008
The power of the Department of Health & Human Services to intervene in families lives on the thinest of suppositions never ceases to amaze me. Prior to a few years ago if the Department sent a letter "substantiating" you as...

FCI Butner Sex Offender Traetment Program Information Sheet

Posted on November 28, 2008
I recieved this Download Im3511_20080208_150032 about FCI Butner's Sex Offender Treatment Program recently. I note it was updated in 2001 but doubt it has changed that much.

Julie Amero Pleads to a Disorderly Conduct

Posted on November 26, 2008
Julie Amero, the Connecticut substitute teacher who was charged with child endangerment, pleaded guilty to a single misdemeanor count of disorderly conduct for a $100 fine. I have blogged about this case and have linked to others who have. (I'll...

New to the Sex Crime Blogosphere

Posted on October 31, 2008
I welcome Sex Offender Issues to the sex crime blogosphere. I had not noticed this site before for some reason but they have great and serious content.

The Legislature totters toward "Improvement"

Posted on October 02, 2008
There are some legislators who understand the need for changing the SORNA system but I fear the politics of being "soft" on sex offenders will sink any efforts at meaningful reform. From the Kennebec Journal:The Committee on Criminal Justice &...

Canadian Prisoner Exchange

Posted on September 09, 2008
While often more applicable to drug cases, it can be very helpful to have the option for Candian clients to have the option of going back home on a "prisoner exchange." Essentially, after serving 1 year in an American jail,...

How to Lose A Gun Trial

Posted on August 08, 2008
I just completed a three day rape trial in Northern Maine. It was a fascinating case from beginning to end: 1. The Defendant had allegedly abducted his pregnant girlfriend from a women's shelter in 2005. They then commenced to moving...

How To Lose a Rape Trial

Posted on August 08, 2008
In August 2008 we finally came to the state charges for rape, assault and witness tampering. The same issues of credibility were in play and the case was much easier for us as the more concrete evidence that killed us...

Convicted Sex Offender Bail Revoked

Posted on August 02, 2008
From CNN: FT. LAUDERDALE, Florida (CNN) -- A former Florida teacher, who for a year avoided serving a 43-year sentence for sexually molesting a 13-year-old boy, was handcuffed and ordered back into state custody Friday. . . . Aaron Mohanlal...

Maine's First "Jessica's Law" Sentence (After Trial)

Posted on August 01, 2008
From the Bangor Daily News: In the first application at trial of what is known as Maine?s Jessica?s Law, a Rockland man was sentenced to 22 years in prison for sexually assaulting a 4-year-old girl. Micah Boland, 31, was sentenced...

Maine Legislature Considers Modified Sex Offender Registry

Posted on July 21, 2008
From the Bangor Daily News: . . . Maine?s online sex offender registry was controversial even before April 2006, when a young Canadian man stalked and killed two men whose names and addresses he found there. It didn?t matter what...

SORNA Guidelines under the AWA Released

Posted on July 05, 2008
The long awaited Sex Offender Registration and Notification Act Guidelines have been released. Sex Crimes has commentary here.

Human Rights Watch Report on Sex Crime Laws in the US

Posted on July 05, 2008
HRW has a report out surveying and commenting on US sex crime laws here.

Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual Assault

Posted on July 04, 2008
Via Crime Magazine, a 1997 Department of Justice study on sex crimes. I am looking for an updated study. Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual Assault By Lawrence A. Greenfeld | BJS Statistician |...

R. Kelly Sex Trial Aquittal

Posted on June 28, 2008
I've been light blogging these past few months as my practice has been pretty busy. I'm on vacation this week and hope to catch up on some issues. One item I'd wished I'd been able to follow more closely was...

Prison Chaplain Sentence Upheld

Posted on June 10, 2008
From the Manchester Union Leader: A judge has refused to set aside the rape convictions of a former Strafford County House of Corrections chaplain. Seventy-two-year-old Ralph Flodin was convicted last month of sexually assaulting a female prisoner last year...

Low Rape Conviction Rate in Britain

Posted on May 29, 2008
Via the Wall Street Journal: The Washington Post today has a provocative (and lengthy) piece on the low rate of successful rape prosecutions in Britain. According to the story, which cites government figures, only 5.7 percent of rape prosecutions in....

Pandering with child porn illegal

Posted on May 19, 2008
From CNN: WASHINGTON (CNN) -- The Supreme Court on Monday upheld a law aimed at preventing child pornography, ruling a provision dealing with "pandering" illicit material does not violate constitutional protections on free speech.Justice Antonin Scalia wrote for the majority,...

R. Kelly Child Porn Trial

Posted on May 11, 2008
I can't believe its taken 6 years to get here! Trials can be slow to schedule but this was 2002! From Townhall.com: On the first day of his child pornography trial in Chicago, a suit-clad R. Kelly faced nearly 150...

I've seen a lot of great stories

Posted on May 11, 2008
I've seen a lot of great stories relating to sex offender restrictions over the past several weeks but have been swamped at work. From Fox News: School and law enforcement officials have told a St. Joseph man that he can't...

Veto of Sex Offender Registration Reform

Posted on May 01, 2008
And this was his own party that controls the legislature! From the Bangor Daily News: AUGUSTA, Maine ? Gov. John Baldacci on Wednesday pocket-vetoed a bill aimed at improving the state?s sex offender registry, effectively negating a year of work...

Drug Prosecutor Under Investigation for Child Porn

Posted on April 18, 2008
This goes with my experience that sex cases cut accross all socioeconomic lines and are not confined to stereotypical drooling monsters hiding in the trailer park. From the Bangor Daily News: An assistant attorney general who?s reportedly under investigation for...

Female sentenced for sexual abuse of teenage boy

Posted on April 11, 2008
This sentence struck me initially as a bit heavy but I think the details of the story make it clear that this woman has a problem. The reader comments are always interesting in these stories. From the Bangor Daily News:...

"Abandoned" DNA used by Police

Posted on April 03, 2008
Haven't seen this yet but I am sure we will. From the New York Times: The two Sacramento sheriff detectives tailed their suspect, Rolando Gallego, at a distance. They did not have a court order to compel him to give...

Banishment in NH

Posted on March 20, 2008
I am dealing with informal banishment in one of my current cases and really need to dig into any constitutional arguments against it. Anyone got any good cites? From the Manchester Union-Leader: DERRY ? A proposed ordinance under consideration by...

French Kissing a Minor to Be A Registerable Sex Offense

Posted on March 10, 2008
This type of legislation will inevitably start appearing in the legislative cycle in other states. While the conduct described below seems wholly inappropriate, I would be concerned about a 13 3/4 year old kissing a 18 1/4 year old being...

Obscured computer Images Descrambled for Trial

Posted on March 10, 2008
From CNN: He faces up to 20 years in prison for charges that include sexually abusing a minor and videotaping the alleged abuse, taking a child without parental consent and holding him against his will. "We've got the evidence," said...

Exited Utterances and Rape

Posted on February 29, 2008
"Excited utterances" are usually hotly contested exceptions to the normal hearsay rules.  What follows is a noncomprehensive survey of recent Maine excited utterance cases in the context of sex crime cases. State v. Watts, 2007 ME 153 (upholding conviction)The State acknowledges that the victim?s statement, ?Watts just rapedme,? repeated by her sister on the witness stand, was hearsay...

The US Military's On Sex in Combat

Posted on February 25, 2008
The military's stance on sex in combat is that there shall be none.  I previously spoke about General Order Number 1 but couldn't locate a copy for posting.  After inquiry, it now appears that there are 3 versions with the CJTF-82 version being the most restrictive...

Hillary's Career in Criminal Defense

Posted on February 25, 2008
I alone among my defense bar colleagues am a Republican and have occasionally toyed with the idea of running for higher office.  Obviously some opposition researcher toyed with the idea of making this case of Hillary's a potential point of attack...

(My) Sex Criminal Archetypes

Posted on February 24, 2008
Child molestation cases (in my experience) tend to be matters consisting of four types(in decreasing order of occurence):  First, an "adult" who is intellectually a child, or is obviously psychologically damaged in some way, perpetrates an act on a child...

Massachusetts Sex Offender Registry

Posted on February 23, 2008
Via Sex Crimes a new ruling on Massachusetts's registration requirements.The Massachusetts Supreme Judicial Court has ruled that the Sex Offender Registry Board must change its registration form so sex offenders can clearly identify themselves as homeless...

Around the Web

Posted on February 20, 2008
Haven't been over to a public defender for awhile just due to time constraints but two recent posts caught my eye . . . Why Kids Lie (and they certainly do) My own young kids have recently  told lies although thankfully they are too young to be very convincing...

GPS Tracking Update

Posted on February 19, 2008
Via Sentencing Law & Policy A comprehensive series on the ins and outs of GPS tracking of sex offenders.  They haven't tried it yet in my jurisdiction but its coming.  There is a program run by Volunteers of America to track early releasees by GPS but sex offenders are not eligible...

Online Dangers Overrated?

Posted on February 19, 2008
Just anecdotally from my reviews of police reports it appears that chatrooms are the hunting grounds of choice and while there may be chatrooms connected with these social networking sites that the sites themselves are really secondary to the chat.  I have found it more and more useful to review an opposing witness's "pages" on these sites...

NY legislation to protect teenagers who use social-networking sites

Posted on February 14, 2008
With online aliases so easy to create this strikes me as a throwaway charge to be included on an indictment so that the prosecutor has something to toss in plea discussions.  I can't imagine there is going to be a lot of these charges in isolation...

Access to Church for Sex Offenders

Posted on February 01, 2008
I have been sometimes disturbed to hear of sex offenders being denied access to church under circumstances that strike me as egregious and punitive (ie denied access by their PO despite full knowledge of the entire church community of the offenders offense)...

Tentative Progress from the Maine Legislature on SORNA

Posted on January 25, 2008
From the BDN:As the Legislature?s Criminal Justice Committee begins the difficult and emotionally charged task of remaking the state?s sex offender registry in the wake of a Maine supreme court ruling and changes to federal law, lawmakers must ensure that the public is protected without excessive punishment or shaming...

National College Of Sexual Assault Defense Lawyers?

Posted on January 17, 2008
I had a recent inquiry by a colleague in Florida (whose website I will link when I catch up with my posting edits) whether there was any interest out there in starting a national organization of criminal defense lawyers devoted to the education and support of defense lawyers who have an interest and expertise in the defense of sex crimes...

Questionable Military Sex Assault Statistics

Posted on January 16, 2008
Via Sex Crimes I found this post from Feminist Law Professors blog:Less than two years ago, according to this account, ?Col. Janis Karpinski told a panel of judges at the Commission of Inquiry for Crimes against Humanity Committed by the Bush Administration in New York that several women had died of dehydration because they refused to drink liquids late in the day...

Maine's SORNA Act MAY be made less draconian!

Posted on January 07, 2008
From the Bangor Daily News:AUGUSTA, Maine ? With a growing number of legal challenges to Maine?s sex offender registry, members of the Legislature?s Criminal Justice Committee are discussing rewriting the law this session creating a new registry system...

Say What!

Posted on December 06, 2007
I am a little stunned that the Democratic Congress who often rightfully chastises the Bush administration for civil rights violations came up with this masterpiece. From CNET:The U.S. House of Representatives on Wednesday overwhelmingly approved a bill saying that anyone offering an open Wi-Fi connection to the public must report illegal images including "obscene" cartoons and drawings--or face fines of up to $300,000...

Falsely Accussed & Now Rebuilding A Life

Posted on November 26, 2007
From the New York Times:As a boy, Jeffrey Mark Deskovic could swim the length of a pool underwater without coming up for air. On sultry days at the Elmira state prison, where he spent most of his 16 years behind bars for a rape and murder he did not commit, Mr...

Around the Blogosphere

Posted on November 13, 2007
Sentencing Law & Policy links to an article on Virginia's civil commitment scheme.

Children's Museum Director Busted

Posted on November 07, 2007
These stories can be interesting as they give insight into different investigative techniques. From CNN:(CNN) -- The chief operating officer of the National Children's Museum was arrested Tuesday and is charged with distributing child pornography over the Internet, authorities said...

Longarm Statutes in Action in Massachusetts

Posted on November 06, 2007
It sounds here like they are focusing on the production of pornography for now but wouldn't be surprised if the indictment came back with additional charges. From The Boston Herald:A federal court judge in Boston yesterday said she was ?deeply concerned? after viewing a ?shocking? video allegedly showing a Nantucket contractor and high school sailing coach raping a child...

Romeo & Juliet Laws in Florida

Posted on November 02, 2007
Thanks to Molly for pointing out that the St. Petersburg Times has reported that Florida has passed a Romeo & Juliet law. From the St. Petersburg Times:A 28-year-old man has shed his sex offender status under a new "Romeo and Juliet" law intended to allow certain people convicted of teenage sexual activity to separate themselves from the state's registered sex offenders...

A very interesting case on the Confrontation Clause & Child Witneses

Posted on October 31, 2007
The Confrontation Blog has a great and very detailed post on the use of hearsay from child witnesses.  Anyone defending child molestation cases understands that the use of child hearsay in sexual abuse cases including not only criminal cases but child protective proceedings and civil matters...

Genarlow Wilson Freed!

Posted on October 29, 2007
From CNN: ATLANTA, Georgia (CNN) -- Former Georgia prison inmate Genarlow Wilson says he feels no "negative energy" toward the district attorney who prosecuted him for receiving oral sex from a 15-year-old when he was a teenager himself.Genarlow Wilson and his mother, Juannessa Bennett, address reporters after his release Friday...

Some Glimmers of Hope in Maine's Sex Offender Registry

Posted on October 26, 2007
From the Bangor Daily News:AUGUSTA, Maine - Lawmakers were told Tuesday that about 300 convicted sex offenders are not following the state sex offender registry law, even as the legislators consider changing the structure of the registry. "There are about 100 that have not registered at all," said Public Safety Commissioner Anne Jordan...

Sex Offenders and Contact with their Own Children

Posted on October 25, 2007
This story, or a variation of it, is all too common.  Often persons convicted of sex offenses who pose absoluteley no risk to their own children for a variety of reasons (father convicted of sex with unrelated underage teenage girl) then has visits withheld from his infant son...

Appeal of Sentence

Posted on October 18, 2007
From the Bangor Daily News-a little self promotion.  The sentencing in this case raises some real questions.  The judge "sentenced" the defendants on 9/27 by announcing "the numbers" that he had determined in a sentencin memorandum dated 2 days prior to the sentencing hearing...

Romeo & Juliet in New Hampshire

Posted on October 17, 2007
From the Manchester Union Leader:WEARE ? A 17-year-old boy who admitted to having sex with his underage girlfriend has been charged with misdemeanor sexual assault. . . . If convicted of the Class A misdemeanor, Hadley could face up to a year in jail and a $2,000 fine...

Downeast Rape Sentence

Posted on October 05, 2007
From the Bangor Daily News:MACHIAS - A 25-year-old Calais man who raped a 14-year-old girl was sentenced Thursday in Washington County Superior Court to five years in prison. Justice Andrew Horton also placed Jeffrey M. Doucette on four years? probation...

Search for Child Porn Victims

Posted on September 28, 2007
This story is an interesting illustration of how the police search for previously unknown victims in child porn cases.  Here's hoping that they track this one down.  Having viewed my share of child pornography in the course of my professional duties the videos are the most disturbing...

A Potentially Successful Challenge to a Retroactive Sex Offender Registration Law

Posted on September 27, 2007
Wow!  A potential opening to challenge the retroactive nature of Maine's Sex Offender Registration law.  A case was filed anonymously and dismissed in the lower court challenging a recent retroactive measure that would sweep offenders with cases as far back as 1982 into the sex registration net...

Porn Mashup

Posted on September 21, 2007
This is an interesting site http://www.familyfragments.com/2007/09/2-weeks-in-september.asp  that maps the geography of "pornography related" crimes for the last two weeks.  The criteria for making the mashup appear to be an trolling of news articles...