CA - Ex-county official (Carlos Bustamante) arrested on sex charges

Carlos Bustamante

Original Article

07/03/2012

By VIK JOLLY

Prosecutors will detail the criminal charges Tuesday against Carlos Bustamante, a current Santa Ana city councilman who last year resigned from his county post.

SANTA ANA – A Santa Ana city councilman and a former Orange County executive was arrested Monday and charged with more than a dozen counts, including false imprisonment and assault with the intent to commit a sexual offense, the Orange County District Attorney's Office said.

District Attorney Tony Rackauckas will detail the criminal charges Tuesday against Carlos Bustamante, who resigned from his post as director of administrative services for O.C. Public Works in October after an internal investigation into accusations he had sexual encounters with employees who reported to him.

Bustamante, a one-time rising county Republican star who has denied wrongdoing, was put on paid administrative leave Sept. 12 after the county received an anonymous letter detailing allegations of a sexual nature against him.

The charges against Bustamante are "a real black eye for the county," said John Moorlach, chairman of the county's board of supervisors. "We will do our best to make sure that management identifies this type of behavior sooner and deals with it, because it's not fair to the female employees of the county. We have to make sure it never happens again."

Specifically, prosecutors have charged Bustamante, who was arrested at 4:30 p.m. Monday by D.A. investigators, with 12 felonies and four misdemeanors, including:

Six felony counts of false imprisonment, three of assault with the intent to commit a sexual offense, and one count each of stalking, attempted sexual battery by restraint, and grand theft by false pretense, and one misdemeanor count each of battery, assault, sexual battery, and attempted sexual battery with a sentencing enhancement allegation for committing the offenses as a result of sexual compulsion and for the purpose of sexual gratification, according to a District Attorney's Office news release.

Prosecutors received an investigative report from the county counsel's office regarding allegations of sexual misconduct against Bustamante in March, after the county's internal audit department looked into how county executives handled the allegations and delivered a confidential report to the county's Board of Supervisors.

Bustamante, a Santa Ana councilman since 2004 and a county employee since 2000, told The Orange County Register in an emailed statement Sept. 15:

"I am not at liberty to discuss an ongoing investigation; however, I strongly deny the vicious and hurtful rumors surrounding my employment with the county of Orange. My family and I are confident that the investigation will disprove them, and I am looking forward to returning to work."

A second anonymous letter sent to the county and obtained by the Register gave the names of four current and former female O.C. Public Works employees with whom Bustamante allegedly had sexual encounters in his office over the past several years and provided more graphic detail of the allegations.

All four were subordinate to Bustamante, according to the letter.

Bustamante and one of the women "met more than a dozen times a month for more than a year either in his office or her palatial quarters he built for her," the letter said. The letter writer also promised "steamy, erotic pictures" of the sexual encounters would soon be posted on social media.

"If the truth be told, 100 percent of the planning staff is silently aware of this and more than 60 percent of the OCPW staff is aware and, yes, most OCPW executive management chose to cast a blind eye. Everyone is afraid of retribution in the current difficult job environment," the letter read.

Other women named in the letter were promoted in the department in exchange for sexual favors for Bustamante, the letter alleged.

Of the four women accused of having sexual encounters with Bustamante, one told the Register's OC Watchdog that the allegations were false and a second sent a five-page letter to county supervisors denying having any kind inappropriate relationship with another county official and explaining she couldn't have had sex in her office with Bustamante because one of her office walls was made entirely of glass and sat next to a well-traveled public sidewalk.

After his resignation, the councilman again issued a statement denying any inappropriate sexual encounters with his employees.

"The allegations in the anonymous letters were unsubstantiated because they are not true, however, I have decided to never put my family or me through this horrible experience again, therefore I have decided to resign my position with the county and pursue a career in the private sector," Bustamante wrote to the OC Watchdog. "I am very proud of my twelve years of distinguished county service and will miss working with my friends and colleagues at the county."

In his resignation letter, he said he was not entitled to a 90-day severance package because he is voluntarily resigning but said he had agreed to accept a 90-day severance package in exchange for not suing the county.

"It's tragic," said county Supervisor Bill Campbell on Monday. "It's sad to see somebody with what was a great career having faults that are now causing him to be in a criminal investigation."

The county paid Bustamante $178,277 in 2010, according to county pay data.

CA - Wilmington Residents Gather to Discuss Sex Offenders

Original Article

06/27/2012

WILMINGTON (KTLA) - Concerned residents in Wilmington held a community meeting Tuesday to discuss their options to stop sex offenders from moving to town.

The residents also wanted to find out why more sex offenders are living in Wilmington than in outlying areas.

The city's zip code is home to at least 177 registered offenders. Compared to numbers of offenders living in nearby zip codes, Wilmington's amount is remarkably high.

"Guess what? One community cannot take the burden for everybody else," said local activist Mary Gant.

When sex offenders are released from prison, most are required to return and register in the county where they were originally convicted.

Wilmington is in Los Angeles County -- where there are 18,200 sex offenders.

"They see the housing here is more affordable," said Joe Martinez, of the California Department of Corrections and Rehabilitation.

"There’s not somebody who doesn’t have a job, doesn’t have a skill, that's going to find a place to live in Beverly Hills for 400 dollars a month."

Laws prohibit sex offenders from living near schools or parks, so many have chosen a Wilmington neighborhood near the Harbor Inn.

"There's a lot of them up there… and they're not being supervised well enough," one concerned resident said.

"We have to be careful that we don’t get ourselves in the position where I’m going to chase this guy out of my community and put him in your community," Joe offered.

But many residents weren't satisfied with that, and they offered the LAPD and local representatives their own solutions.

"Just put them out in the desert and put a chain link fence around it... put 'em in tents. Yes," one resident said.

Others said they believed real change will come from meetings like the one held Tuesday.

"We're going to do it with our power -- the power of our voices, the power of our vote," Gant insisted.

Residents said they considered building a Boys and Girls Club to force sex offenders to move, but they found out that's not treated the same as a school or park.

They're planning to hold another meeting in August.

CA - American Sex Offender: Documentary Trailer

Original Article

Synopsis:
American Sex Offender is an ambitious, groundbreaking, and unprecedented feature-length documentary film that reveals the untold story of hundreds of thousands of America’s most shunned social outcasts: registered “sex offenders”. By creatively interweaving the human stories of real registrants, expert commentary on America’s unjust and inefficient laws, the filmmaker’s personal story, and shocking cases of punishments that don’t fit the crime; the film challenges the fairness and usefulness of the country’s contemporary sex offender laws and registration systems.

Story:
Like lepers of biblical times and 'witches' of 17th century Salem, registered sex offenders are the most despised and shunned social outcasts in America today. The picture that the “sex offender” label paints in the mind of the average citizen, however, is often worlds apart from the reality of what the person has actually done. High-profile child murder tragedies and fear-based media sensationalism have led to undeserved stigma, unfairly cruel punishments, and even reactionary violence against people who never (a) touched or raped anyone, (b) posed any kind of threat to public safety, or (c) fit the typical characterization of a child predator, sociopathic deviant, or violent rapist. American Sex Offender portrays multiple sides of the controversy through interviews with registered sex offenders and their families, victims of sexual abuse, probation officers, legal experts, politicians, activists, psychologists, human sexuality experts, and more. Proponents of the current system argue that it keeps families and children safe by informing the public about dangerous predators. Opponents argue that it fails to distinguish between those who pose an actual threat to society - and the majority who do not. An autobiographical element is woven into the story by filmmaker Kevin Scott Foley, who is himself a registered “sex offender”. He presents the objective facts of his case, describes the setbacks the registry has caused in his personal life, and leaves it to the viewer to make their own conclusions about whether his punishment fit his crime.

CA - U.S. Marshals raid Antelope Valley sex offenders

The following was sent to us via the contact form and posted with the users permission.

04/24/2012

By Anonymous:
This morning at 8am pst The U.S. Marshals, Local Sheriff and Parole department conducted a raid on my home. They called it a "Compliance" Check yet they had the Marshal service with them as well. I am 34 days from parole discharge, have been "Compliant" the entire time, and have never seen U.S. Marshals raid with the parole department. AR-7 pointed in my face and my Girlfriend forced from bed so they could tear apart my entire house and throw dishes and food out of our cabinets. I have not seen any news reports as of yet, I just wanted to let you all know he "Gestapo Tactics" are still going on out here.

CA - Former Sheriff's Sergeant (Mark Fitzpatrick) Convicted of Sexual Assault

Original Article

05/25/2012

Former Sheriff's sergeant Mark Fitzpatrick must register as a sex offender for the rest of his life. The Department provide police services to Diamond Bar, Walnut and Industry.

A former Los Angeles County sheriff's sergeant convicted of sexually assaulting a woman and inappropriately searching two others while on duty was sentenced today to nine years and four months in state prison.

Los Angeles Superior Court Judge Sam Ohta also ordered Mark Fitzpatrick to register as a sex offender for the rest of his life.

Fitzpatrick, 42, was convicted last Oct. 7 of one count each of penetration under threat to arrest, sexual battery by restraint and sexual penetration by a foreign object by force, violence, duress or menace, and three counts of false imprisonment by violence.

The charges stemmed from three traffic stops in May 2008 while he was working out of the Compton sheriff's station. The department also patrols the cities of Diamond Bar, Walnut and Industry.

Fitzpatrick's wife, father and father-in-law spoke on his behalf.

"My husband is a good man," his wife, Shelly, told the judge. "He is an extremely hard worker ... He treats his family like we are gold. We are everything to him ... Everything this case has been -- he is so opposite of this."

His father, Tom, said his son was a "tremendous kid" who never presented any problems to his parents.

"The trauma on our family's been tremendous," he said.

Deputy District Attorney Natalie Adomian read a statement from a woman who testified during the trial about an April 1999 incident in which Fitzpatrick allegedly had her lift her top and expose her breasts and then digitally penetrated her in an apparent search for drugs. He was not charged with any crime involving that traffic stop.

The woman urged the judge to "impose on this person the maximum sentence for all the damage he has done as much to me as other women victims," but said she also wanted to "convey a message of hope and gratefulness that our voices have been heard and this person will be punished for what he has done."

"It is a shame how a respected and exemplary member of the community would break all moral and ethical rules and leave so much damage behind," the woman said in her written statement.

The judge -- who denied the defense's request for a new trial -- said he had observed "a lot of pain" on both sides in the case.

CA - S.B. COUNTY: Halloween restrictions for sex offenders proposed

Original Article

In the entire history of this country, only one crime occurred on Halloween where a child was sexually assaulted by an UNKNOWN sex offender. It is also important to note that the parents were not with the child when it occurred. So if you are so freaked out on Halloween, why don't you be a parent and either go along with your child, or not celebrate the occasion in the first place!

05/22/2012

By IMRAN GHORI

San Bernardino County is considering prohibiting registered sex offenders from participating in Halloween activities, joining several other jurisdictions, including Riverside, that have approved similar measures.

The Board of Supervisors voted 4-0 on Tuesday, May 22, to have county counsel research the proposal and return with a proposed ordinance at a future meeting. Supervisor Janice Rutherford was absent.

Measures restricting what registered sex offenders can do on Halloween have become popular in recent years with Riverside County, Temecula, Hemet and Ontario passing ordinances.
- Just because something is popular doesn't mean it's right!

They include prohibitions against sex offenders passing out candy, decorating for the holiday, or turning on outdoor lights.

Supervisor Gary Ovitt, who proposed the idea, said he would like to see San Bernardino County consider similar measures.

“We want to make sure we’re proactive in making sure our children don’t go to the wrong door step,” Ovitt said.
- Once again Big Brother trying to step in and run your life for you.  Why don't we tell parents to be parents?

His proposal would also bar registered sdx offenders from taking part in Halloween activities outside their homes and from opening their doors to anyone but law enforcement on Halloween night.
- And this is probably for those who are on probation and/or parole only, not all ex-sex offenders.  And there is no law saying you must answer the door on any given day, so just because a police officer comes to your home, doesn't mean you have to answer it.

The county proposal would apply only to unincorporated areas.

Advocacy groups such as California Reform Sex Offender Laws have argued that such ordinances are unconstitutional while researchers say they have found Halloween no riskier than any other autumn day when it comes to sex crimes against children.

A 2009 study by a group of University of Oklahoma professors examined nine years of crime data in 30 states and found no increase in sex crimes on or around Halloween.

CA - Santa Ana considers tougher sex-offender law

Original Article

05/21/2012

By RON GONZALES

SANTA ANA - The City Council will consider amending its 2006 registered sex offender ordinance to align with Orange County’s 2011 law.

The county ordinance makes it a misdemeanor for registered sex offenders to enter county recreational areas where children regularly gather.

The city’s ordinance prohibits registered child sex offenders from being on or within 300 feet of designated children’s facilities and parks to loiter or observe children.
- Here they say it's about those who've harmed children, but below they say it's for ALL ex-sex offenders, which clearly would make it unconstitutional.

The city’s new law, if approved Monday, would also take aim at registered sex offenders, banning their presence inside parks and specified facilities, and would make the offense a misdemeanor.

Orange County District Attorney Tony Rackauckas and Chief of Staff Susan Kang Schroeder plan to attend the council's meeting, their office said.

The county ordinance, proposed by Rackauckas and Supervisor Shawn Nelson, was approved by county supervisors April 5, 2011. Between May 2011 and April 2012, the cities of Westminster, Irvine, La Habra, Los Alamitos, Huntington Beach, Yorba Linda, Laguna Hills, Lake Forest, Mission Viejo, Rancho Santa Margarita, Costa Mesa, and Seal Beach passed similar ordinances, the district attorney’s office said, and other cities are currently in the process of developing a similar ordinance.

The council meets at 6 p.m. Monday at the Police Community Room, 60 Civic Center Plaza. Call 714-647-6520.
- And everyone who this will affect should attend this meeting.

CA - Trial postponed for former officer (Daniel Dana) accused of sexual assault

Video Link | Original Article

CA - National study tracks number of people falsely convicted of crime

Original Article

I would like to see the study, but the reporter doesn't provide any link to it, so we can only assume what she is saying is true, and I don't like to take anyone's word for it. I can only assume this is the study (PDF) that they are referring to.

05/21/2012

By Tracey Kaplan

A new national report on the number of people falsely convicted of a serious crime reveals a baffling statistic about the Bay Area -- 10 people have been exonerated in Santa Clara County since 1989, while none have in Alameda County.

Does that mean Alameda County, with a higher crime rate, has never thrown the wrong person in prison, or at least hasn't admitted it?

Probably not, according to the report released Sunday by the National Registry of Exonerations. The authors, who teach at Midwestern law schools, say the registry is a work in progress, and they're asking the public to report any unlisted exonerations via an interactive database.

"One of the reasons we set up this registry is to beat the bushes for cases," said Samuel Gross, a professor at the University of Michigan Law School and editor of the registry.

Even so, the study already has found that since 2000, exonerations have averaged 52 a year nationwide -- one a week.

The study defines an exoneration as when a defendant who was convicted of a crime was later relieved of all legal consequences of that conviction through a decision by a prosecutor, a governor or a court after new evidence of innocence was discovered.

David Angel, director of the conviction integrity unit of the Santa Clara County District Attorney's Office, said it's useful to look at the big picture the registry has begun to outline.

So far, the registry lists more than 885 cases since 1989, when the first exoneration using DNA evidence occurred. DNA helped resolve 40 percent of the cases in the study.

At least 1,170 other convicted defendants were cleared in 13 "group exonerations" after scandals in Los Angeles and elsewhere revealed police had deliberately framed innocent people, mostly for drug and gun crimes.

"This study confirms that the overwhelming number of convictions are accurate and just -- but they are not always," Angel said of the study, which notes that 2.3 million people are in prison in the United States. "We all know there are problems with the system, so if you want to improve it, you need good information."

To boost the reliability of eyewitness identifications -- a major cause of wrongful convictions -- every police department in Santa Clara County recently started videotaping or recording most witnesses as they pick out a suspect from photos or a live lineup.

Gross said he believes more exonerations have come to light in Santa Clara County than in Alameda County and the rest of the Bay Area for two main reasons: the presence of the Northern California Innocence Project (Facebook, Twitter, YouTube) at Santa Clara University's law school and a vigilant press that has exposed overzealous prosecution and misconduct.

San Mateo, Contra Costa and Monterey counties each had one case. Twenty have turned up so far in Los Angeles County. Kern County, with 20 exonerations, is a special case, Gross said. From 1984 through 1986, at least 30 defendants were convicted of child sex abuse and related charges and sentenced to long prison terms in a series of interrelated cases. In most of these exonerations, the children who had testified that they had been abused recanted their stories.

Several factors contributed to false convictions in homicides, rapes, robberies and other crimes, including perjury or false accusation (51 percent), mistaken eyewitness identification (43 percent), official misconduct (42 percent), false or misleading forensic evidence (24 percent) and false confession (16 percent).

The numbers add up to more than 100 percent because multiple factors are frequently involved.

Defense lawyers also were clearly at fault in at least 104 cases, the study found. But the authors believe many more of the exonerated defendants would not have been convicted in the first place if their lawyers had done good work.

Gerald Uelmen, a former federal prosecutor who teaches at the Santa Clara University School of Law, said the report shows little progress has been made since he was executive director of the California Commission on the Fair Administration of Justice, which examined ways to guard against wrongful convictions.

"The bottom line is we are not doing much better in protecting the innocent," he said, "despite all the evidence uncovered in the past 10 years of wrongful convictions."