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Angel Who Cares · Apr 17, 2010

The Story On Parole for Sexual Offenders
April 7, 2010
<snipped>
MAUREEN CAVANAUGH (Host): I'm Maureen Cavanaugh. You're listening to These Days on KPBS. San Diego continues to mourn the deaths of teenagers Chelsea King and Amber Dubois. Now that the memorial services are over, the conversation has turned toward prevention. Chelsea King's parents and a local Assemblyman are in the process of crafting a new Chelsea's law, which will reportedly focus attention on tightening up parole requirements for people convicted of sex crimes. The man charged with Chelsea's murder is a registered sex offender. The confusing part of this issue is that California has already tightened up parole and the length of prison sentences for sex offenders. The question is whether the reforms are being enforced, and practically speaking, are there enough resources, in terms of personnel and money, to carry out the reforms. San Diego CityBeat has conducted its own investigation into California’s sex offender laws. A feature published today is called “No Quick Fix.” And I’d like to welcome my guests Kelly Davis, associate editor of San Diego CityBeat. Kelly, welcome. Good morning.

Audio Download: The Story On Parole for Sexual Offenders
Are California's sex offender and parole laws being properly enforced? What are the economic and social costs of implementing stricter laws? We'll look at the battle to make sure California's legal system is working properly.
http://www.kpbs.org/audioclips/8978/?popup=true&interactive=true

Article:
http://www.kpbs.org/news/2010/apr/07/story-parole-sexual-offenders/

Angel Who Cares · Apr 17, 2010

More Gardner parole issues found
Sex offender lived near school longer than previously known
Thursday, April 8, 2010 at 2:56 a.m.
<snipped>
Convicted sex offender John Albert Gardner III lived for just under two years in a Mira Mesa apartment complex, 700 yards from Walker Elementary School.

That’s seven months longer than previously known — a timeline now acknowledged by state parole officials, though not apparent from incomplete records previously released. Gardner’s special conditions of parole barred him from living within 880 yards of such a school.

A review by The San Diego Union-Tribune shows the violation was apparently unrecognized for seven months, excused for three more, then ignored or forgotten for 13 more — until a new parole agent took over Gardner’s supervision.

Parole official Margarita Perez was asked about it at a legislative hearing in Poway last week. “It’s important to understand he was approximately 2,100 feet away,” Perez said. “It’s not like he was across the street.”

Still, the distance was too close for Martha Mattson, a parent who says so many children cluster on city streets near Miramar College, Wangenheim Middle School and Walker Elementary that it’s a predator’s paradise. “That they allowed him to be there is just unbelievable,” said Mattson, whose sons, now grown, went to the area’s public schools. “It seems unconscionable that he was there, steps away from vulnerable girls.”

Scott Kernan, the corrections department’s undersecretary of operations, said the second agent erred at the time. Perez, deputy director of the state’s Division of Adult Parole Operations, said the relevant law — Penal Code section 3003(g) — applied only to high-risk sex offenders, not those deemed low risks like Gardner.

Kernan said heavy caseloads and the complexities of changing laws make the jobs of parole agents difficult. He emphasized that parole conditions are assigned at the department’s discretion, and that any violation would be weighed against the conditions that are being followed. “I don’t know how instructive it is for us to try to explain or justify why they misapplied these laws,” Kernan said.

GARDNER TIMELINE
*May 31, 2000leaded guilty to molesting and beating a 13-year-old girl in Rancho Bernardo.
*Sept. 26, 2005: Released from prison.
*Oct. 7, 2005: Moved to Mira Mesa apartment after a parole agent said he was living too close to an elementary school near his mother’s townhouse in Rancho Bernardo.
*May 2, 2006: Received district administrator approval to stay in Mira Mesa until Aug. 1, 2006, end of lease.
*Aug. 1, 2006: Date of lease renewal passes without action.
*Aug. 24, 2007: Status report notes that he has “maintained a stable residence” and is clear of violations.
*Aug. 30, 2007: Received a new parole agent.
*Sept. 6, 2007: Discovered by agent to be out of compliance with state law and department policy related to sex offender residency restrictions.
*Sept. 13, 2007: Informed he must move within three days and given $250 to assist with placement.
*Sept. 15, 2007: Moved to TLM Sober Living in Vista.
*May 20, 2008: Wrote on his MySpace page, “I’m poor, homeless and living in my truck.”
*March 3, 2010leads not guilty in the slaying of Chelsea King, 17, of Poway

Article:
http://www.signonsandiego.com/news/2010/apr/08/more-gardner-parole-issues-found/

Angel Who Cares · Apr 17, 2010

State board recommends parole changes
Draft report suggests not passing laws based on “what feels good at the time”
Thursday, April 8, 2010 at 10:14 a.m.
<snipped>
A state advisory panel on Thursday issued preliminary recommendations to reform the state’s parole system and took a swipe at politicians for making decisions based on “what feels good at the time” instead of basing laws on sound policy.

The report, which is expected to be finalized and sent to Gov. Arnold Schwarzenegger by May 1, centers on proposing reforms based on shortcomings in how the state handled the parole of John Albert Gardner III.

The Sex Offenders Management Board, appointed by the governor and legislative leaders, was scheduled to meet through the day Thursday and then convene again April 15 for more analysis.

In its preliminary report, the board makes the following recommendations:
• Bar child sex predators from entering specified safe zones, such as parks. Assemblyman Nathan Fletcher, R-San Diego, is expected to proposed that legislation Monday as part of his “Chelsea’s Law” package.

• Mandate treatment for sex offenders on parole or probation that includes an assessment of likelihood to repeat the crime.

• Update which parole violations should automatically be referred to the Board of Parole Hearings for potential revocation. A few of Gardner’s alleged parole violations may have been sufficient to have him sent back to prison.

• Require that mentally disordered offenders be committed when two evaluators agree that the person should be kept off the streets.

• Take advantage of evidence-based research to support policies rather than making decisions “for political reasons or what feels good at the time.”

PDF DOCUMENT: Sex Offender Management Board draft report
http://media.signonsandiego.com/news/documents/2010/04/08/SOMBdraft.pdf

Article:
http://www.signonsandiego.com/news/2010/apr/08/state-board-recommends-parole-changes/

Angel Who Cares · Apr 17, 2010

Sex-offender laws must be revised, panel says
Thursday, April 8, 2010 at 9:29 p.m.
<snipped>
California should rewrite its sex-offender laws so that more criminals could be sent to mental hospitals and fewer would loiter near parks and schools, according to a draft report from a state panel advising the governor. The document, released Thursday morning and debated over seven hours, also suggested that sex offenders’ parole notes and records be retained for 75 years — not one, as the state had been doing until recently.

Changes to state law about the diagnosis of mentally disordered offenders in particular “might have helped prevent the murder of Chelsea King,” the report says. “The statute should be amended to provide for commitment, not release, when evaluators split two to two over commitment,” it says.

The report ends with harsh criticism for an assortment of sex-offender laws that have come to pass in California. “Many decisions seem to have been made for political reasons or what feels good at the time,” it says. “As a result, money and time have been wasted on policies and programs that do not make our communities safer, but are politically popular.”

Board member Robert Coombs said Neeley will revise the report based on the board input that came during a lively discussion yesterday. The board meets again April 15 and expects to issue a final report by May 1. The volunteer group is made up of experts from state government, law enforcement, the legal system, probation, parole and mental health, plus victims’ advocates.

Partly because of its makeup, the board is cautious about judging Gardner’s guilt or innocence and is focused on improving sex-offender policy overall, Coombs said. “My hope is that we’ll be able to use this report and this time to really home in on a few places where we can do even better,” he said.

PDF Document: Draft report of the Sex Offender Management Board regarding the case of John Albert Gardner III
http://media.signonsandiego.com/news/documents/2010/04/08/SOMBdraft.pdf

DRAFT RECOMMENDATIONS
• Bar child sex predators from entering specified safe zones, such as parks. Assemblyman Nathan Fletcher, R-San Diego, is also expected to propose this in legislation Monday as part of his Chelsea’s Law package.
• Mandate treatment for sex offenders on parole or probation that includes an assessment of their likelihood to repeat the crime.
• Update which parole violations should automatically be referred to the Board of Parole Hearings for potential revocation. Gardner’s apparent parole violations may have been sufficient to send him back to prison.
• Require that mentally disordered offenders be committed when two evaluators agree that the person should be kept off the streets, even if two others disagree.
• Take advantage of evidence-based research to support policies rather than making decisions “for political reasons or what feels good at the time.”

Article:
http://www.signonsandiego.com/news/2010/apr/08/sex-offender-laws-must-be-revised-panel-says/

Angel Who Cares · Apr 17, 2010

Supervisors tentatively approve system to alert residents on whereabouts of convicted sex offenders
Friday, April 9th, 2010.
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Riverside County supervisors Tuesday tentatively approved a system to alert county residents via email or postcard of the whereabouts of convicted sex offenders.

The Sexual Predator Identification in Riverside County Via Internet Tracking – or SPIRIT – program is expected to be implemented by year’s end.

Supervisor Jeff Stone proposed the program as a means to ensure"the public knows when sexual deviants move into their neighborhood."

"Riverside County is going to be known as the county where deviants had better be on their best behavior,"the supervisor said.

Under SPIRIT, the District Attorney’s Office, using information from the county’s Sexual Assault Felony Enforcement team, a multi-agency law enforcement unit that ensures convicted sex offenders are abiding by the terms of their parole, will maintain an online map showing where the ex-cons are living.

"Sexual predators are the type to lurk in the shadows, away from prying eyes,"said District Attorney Rod Pacheco."Anything we can do to expose them before they can hurt another person, we must do."Stone said the recent murders of San Diego County teenagers Chelsea King and Amber Dubois underscore the need for an enhanced tracking system. Convicted sex offender John Albert Gardner III is accused of killing King.

"We need to do everything possible to protect our children from the actions of the many sexual registrants in our state,"Stone said.

Article:
http://www.myvalleynews.com/story/46936/

Angel Who Cares · Apr 17, 2010

Chelsea's Law To Be Proposed In Sacramento
POSTED: 9:16 pm PDT April 11, 2010
UPDATED: 2:09 pm PDT April 12, 2010
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The parents of slain Poway High teenager Chelsea King and a state assemblyman unveiled a proposed law in Sacramento Monday to strengthen penalties for forcible sex crimes and tighten monitoring of offenders.

Chelsea, a cross-country runner, was out for an after-school run near Lake Hodges Feb. 25 when she was allegedly raped and killed by convicted sex offender John Albert Gardner III. Her parents, Kelly and Brent King, went to the state capital accompanied by Assemblyman Nathan Fletcher, R-San Diego.

"Today is the day we start our race," Brent King said at a news conference before departing. "It's a race Kelly and I didn't choose to run in. We were selected to run in it."

The bill introduced by Fletcher calls for life imprisonment without the possibility of parole for any forcible sex crime against minors that include one or more aggravating factors, including the age of the victim, whether a kidnapping substantially increased the risk of harm, the perpetrator has a previous forcible sex crime conviction, and whether he tied, bound or drugged the child.

The measure would also double the maximum penalty for a forcible sex crime to 16 years in prison, prohibit a convicted sex offender from entering a public park where children regularly congregate without prior approval of a parole agent, double the period of parole to 10 years for all forcible sex crimes, and establish lifetime parole and GPS monitoring for offenders who commit such crimes against children under 14 years old.

Read: KOGO/KFI Report
http://www.am600kogo.com/cc-common/news/sections/newsarticle.html?feed=125548&article=6996196&_show

Read: Gardner Central File
http://10newsblogs.com/pdf/gardner-central-file.pdf

Read: John Gardner Incarceration/Parole Summary
http://www.10news.com/download/2010/0312/22815570.pdf

Read: John Gardner 2000 Probation Report
http://www.10news.com/download/2010/0309/22788021.pdf

Read: Complaint Against John Gardner
http://www.10news.com/download/2010/0303/22733356.pdf

Read: Read August 2000 Court Document In Gardner Case
http://10newsblogs.com/pdf/gardner_documents.pdf

Article:
http://www.10news.com/news/23120193/detail.html

Angel Who Cares · Apr 17, 2010

San Diego Impact Walk for Chelsea's Law
Apr 12, 2010 at 8:39 AM PDT
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The push for Chelsea's Law received help Sunday from some very devoted women and residents of San Diego.

This walk was measured at five-and-a-half miles. The trail was throughout Poway, where Chelsea King lived. Amber Dubois was also honored by the participants.

The legislation is being pushed forward in Sacramento this week by local State Assemblyman Nathan Fletcher.

Video: San Diego Impact Walk for Chelsea's Law 2:39
The push for Chelsea's Law received help Sunday from some very devoted women and residents of San Diego.
http://www.kusi.com/news/local/90591984.html?video=YHI&t=a

Article:
http://www.kusi.com/news/local/90591984.html

Angel Who Cares · Apr 17, 2010

Kings head to Sacramento for Chelsea's Law
Proposal named for their daughter is set to be introduced today
Monday, April 12, 2010 at 9:18 a.m.
<snipped>
The law, named after Chelsea King, 17, of Poway, will propose lifetime parole and GPS monitoring for serious sex offenders and include a one-strike provision that could sentence the most violent child predators to life in prison without parole, said state Assemblyman Nathan Fletcher, R-San Diego, who authored the bill.

The law will also create “safe zones,” such as parks and other public places where sex offenders won’t be allowed. “We have a good piece of legislation,” said Fletcher, at the airport with the Kings. “It’s real, it’s substantial, it makes big change.”

The bill will be handed into the Assembly later today and is expected to be heard before the public safety committee on April 20.

Before leaving San Diego, Fletcher and the Kings were joined by Sheriff Bill Gore, San Diego Police Chief William Lansdowne and others in support of the bill. “This law will fill gaps in the (existing) law,” Gore said.

“It allows us to hopefully deter these people from further crimes, but should they recommit, it gives us a great tool to make a quick apprehension,” Gore said, referring to GPS tracking devices.

Article:
http://www.signonsandiego.com/news/2010/apr/12/kings-head-sacramento-chelseas-law/

Angel Who Cares · Apr 17, 2010

Today We Start Our Race: The Kings
Updated 8:44 PM PDT, Mon, Apr 12, 2010
<snipped>
Choking back tears, Chelsea King's mother urged Californians to help pass a tough new law aimed at sex offenders who target children. The proposed law was introduced just hours ago in Sacramento by Brent and Kelly King, whose daughter, Chelsea, was murdered last month near Lake Hodges, in northern San Diego.

It’s an important day for Brent and Kelly King. The couple packed their luggage Monday and headed to Lindbergh Field before 7 a.m. to catch the flight to the state capital. “Today’s the day that we start our race. It’s a race that Kelly and I didn’t choose to run in. We were selected to run in it,” Brent King said to members of the media assembled at the airport.

As outlined by State Assemblymember Nathan Fletcher, "Chelsea’s Law" would:
*Create a new penalty of life in prison without parole for violent sex crimes against victims under 18 years old. The current law imposes sentences of 15 years-to-life or 25-years-to life for the worst of those crimes, and experts say in California, those "indeterminate sentences" are, in reality, a life term. But "Chelsea's Law" would change the wording of that penal code section to formalize a life in prison sentence."

*Criminals who commit violent, forcible sex crimes on victims under 14 years-old would be more like to get the life term.

*Require life-time supervision, with GPS monitoring, for certain violent sex offenders who are released from prison.

*Create "safe-zones" for children, that would be "off-limits" to paroled sex offenders. Those "safe-zones" would include parks that are popular with children and families. Any registered sex offender could be charged with a misdemeanor, and could have their parole revoked, if they are found in such a park. The sex offender's GPS device would alert law enforcement that the sex offender had entered the park.

At least two of the speakers said violent sex offenders cannot be treated or rehabilitated, but some experts disagree with that position, and have urged the state to establish prison treatment programs for sex offenders, especially those who will eventually be paroled. "We can say with almost certainty now that the treated sex
offender is less likely than the untreated offender to commit a new sexual crime," says James Reavis, a sex offender treatment expert who counsels hard-core offenders and pedophiles.

The proposed law will be introduced to the Assembly Public Safety Committee next week.

Video: Today We Start Our Race: The Kings
http://www.nbcsandiego.com/station/as-seen-on/Today_We_Start_Our_Race__The_Kings_San_Diego.html

Video: The Kings Travel to State Capitol
http://www.nbcsandiego.com/news/local-beat/The_Kings_Travel_to_State_Capitol_San_Diego.html

Article:
http://www.nbcsandiego.com/news/politics/Today-We-Start-Our-Race-The-Kings-90627939.html

Angel Who Cares · Apr 17, 2010

Chelsea’s Law would increase penalties, create ’safe zones’ for kids
April 12, 2010
<snipped>
Joined by lawmakers and law enforcement leaders, Brent and Kelly King and Assemblymember Nathan Fletcher (R-San Diego) introduced Chelsea’s Law Monday in Sacramento.

California Assembly Bill 1844 will increase penalties and parole requirements for some registered sex offenders and establish safe zones to limit where sex offenders visit.

In light of Gardner’s reported parole violations and psychiatric evaluations that warned he would re-offend, Fletcher said Brent and Kelly King asked for a thorough review of state sex offender laws, and asked the assembly member to pursue reforms.

Article:
http://www.sdnn.com/sandiego/2010-0...increase-penalties-create-safe-zones-for-kids

Angel Who Cares · Apr 17, 2010

Slain teen’s parents call for new law in her name
‘Chelsea’s Law’ named for girl allegedly killed by registered sex offender
updated 9:59 a.m. ET, Tues., April 13, 2010
<snipped>
Despite California’s enormous budget problems, the parents of a slain 17-year-old girl say that money has to be found to fund a proposed law that might have saved their daughter’s life.

Nathan Fletcher, the state assemblyman who was to introduce “Chelsea’s Law” — named for Chelsea King, who disappeared on Feb. 25 while jogging in a park after school — agreed that the legislation is so important that a way must be found to pay for it. “I think that we can find enough money to protect our children from sexually violent predators,” Fletcher told TODAY’s Meredith Vieira Tuesday via satellite from Sacramento.

Fletcher said he does not yet know how much the measure would cost or how many offenders it would affect. The bill has bipartisan support from San Diego’s legislative delegation. It’s set for its first hearing April 20 before the Assembly Public Safety Committee.

Supporters plan to hand state lawmakers sunflowers, Chelsea’s favorite flower, as they urge them to support the measure with another news conference and office visits on Tuesday. A San Diego radio personality has chartered a bus to bring residents to the state Capitol for the event.
*Much more at link!

Today Show Video: Parents of slain teen push for Chelsea’s Law
April 13: Parents Brent and Kelly King are pushing for tougher legislation in the handling of sex crimes after their daughter, Chelsea King, was allegedly raped and murdered by a registered sex offender. They speak exclusively with TODAY’s Meredith Vieira.
[ame="http://www.msnbc.msn.com/id/26184891/vp/36458732#36458732"]Today Show Video Player[/ame]

Article:
http://today.msnbc.msn.com/id/36458437/ns/today-today_people/

Angel Who Cares · Apr 17, 2010

Mount Everest pulls Costa Mesa climber back
Published: April 13, 2010
Updated: 1:41 p.m.
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Mount Everest has pulled Bill Burke back for another adventure.

This time, the Costa Mesa resident and oldest American to summit the mountain in 2009 is attempting an even more treacherous challenge: a double ascent

Burke, 68, left home on March 30 to attempt ascending and descending on the North side in Tibet and then ascending and descending on the South side. He is dedicating his climb to Chelsea King and Amber DuBois, both San Diego teens whose remains were found last month.

Burke has been filing audio reports on his Web site, eightsummits.com, where he is detailing his arduous journey. He is with David Liano, a climbing friend and mountaineer from Mexico, and his Sherpa Mingma from last year's climb.

"You look at it and you just wonder, "How in the world can anyone climb that?" he said in an audio report from Everest Base Camp on Monday.

Burke is planning to use the strategy he used last year: move up the mountain slowly. With a bit of luck, good timing, favorable weather and patience, Burke thinks his adventure can be accomplished.

Bill Burke Web Site:
http://eightsummits.com/

Article:
http://www.ocregister.com/news/burke-243803-everest-mount.html

Angel Who Cares · Apr 17, 2010

Lifetime GPS but no funding in Chelsea's Law
Posted: Apr 13, 2010 2:16 PM EDT
Updated: Apr 14, 2010 11:01 AM EDT
<snipped>
There are major concerns about where the money is going to come from to pay for Chelsea's Law if it passes. It could take months to get an official cost estimate from the state but it's safe to say Chelsea's Law will not be cheap. When it comes to the safety of innocent teenagers like Chelsea King and Amber Dubois, most people agree children need to be protected. But Chelsea's Law would apply to a much broader range of sex offenders than violent offenders like John Gardner, the ex-con who has pleaded not guilty to raping and murdering Chelsea King.

Chelsea's Law would trigger lifetime parole and lifetime GPS monitoring for any lewd act committed on a child under age14, including crimes that many consider nonviolent like groping, fondling, or virtually any act of sexual touching. Thousands of offenders convicted of such lewd acts currently are on parole. The state department of parole would be charged with tracking those convicts for life under the proposed Chelsea's Law, otherwise known as Assembly Bill 1844.

Chelsea's Law does not include any new funding to pay for the lifetime GPS monitoring of these offenders. "We have enough money. It's a targeted bill, narrowly focused on violent sexual offenders," Fletcher said.

Psychologist Jay Adams represents the California Coalition on Sexual Offending. She's treated sex offenders for more than 30 years and she opposes Chelsea's Law. "History tells us that this not a good way to make public policy," Adams said. "I think it's just folly to continue making laws based on public fear." "I'm afraid these laws sometimes give people a false sense of security. They are passed with absolutely no way they can possibly be implemented because the money just simply isn't there," Adams told News 8.

Chelsea's Law also prohibits registered sex offenders from visiting parks where children regularly gather.

The bill would not fund either treatment or lie detector exams for sex offenders on parole in the community, provisions that are badly needed, according to experts in the field. "Most sex offenders do not re-offend, and many can be treated successfully," Dr. Adams said. "The more that we do treatment with these people and the more we understand about their histories and about what goes into making them have this kind of violence, the more we will be able to prevent it in the future."

Video: Lifetime GPS but no funding in Chelsea's Law 2:19
http://www.cbs8.com/global/category...default&clipId=4699574&flvUri=&partnerclipid=

Links
Chelsea's Law - AB1844 Bill - April 13, 2010
http://ftpcontent.worldnow.com/kfmb/misc/ab1844.pdf

Chelsea's Law - News Release - April 12, 2010
http://ftpcontent.worldnow.com/kfmb/misc/chelseas_law.pdf

Article:
http://www.cbs8.com/Global/story.asp?S=12303375

Angel Who Cares · Apr 17, 2010

Assembly speaker endorses Chelsea's Law
Tuesday, April 13, 2010 at 12:03 p.m.
<snipped>
Assembly Speaker John Perez threw his support behind “Chelsea’s Law” Tuesday and committed $250,000 toward specialized training for parole and probation agents who monitor sex offenders.

“The safety of our public must always be the highest priority for any government and clearly California needs to look at way to increase supervision of parolees to prevent anyone else from being victimized,” said John Perez, D-Los Angeles, in a statement.

Perez announced his endorsement of the proposed crackdown on child sex offenders after meeting with Kelly and Brent King in the Capitol. The Poway couple’s 17-year-old daughter was killed after going for a run Feb. 25 at Rancho Bernardo Community Park.

Chelsea’s Law would impose a life sentence without the possibility of parole for the worst sex crimes against children. Prison terms could double for crimes that do less physical harm to children. Also, sex offenders on parole would be banned from entering parks where children gather without prior permission of authorities.

PDF: Chelsea's Law
http://media.signonsandiego.com/news/documents/2010/04/13/AB_1844_Language.pdf

Article:
http://www.signonsandiego.com/news/2010/apr/13/assembly-speaker-endorses-chelseas-law/

Angel Who Cares · Apr 17, 2010

Dubois family to hold 3-day search training
Wednesday, April 14, 2010 at 5:41 p.m.
<snipped>
The family of slain Escondido teen Amber Dubois will be hosting a three-day search-and-rescue training for volunteers for a communitywide search effort should the need arise again.

The classes will be held from 6 to 9 p.m. Thursday and Friday, and 9 a.m. to 3 p.m. Saturday. The cost is $125 per person and includes class materials and a certificate. Volunteers do not need to attend all classes, but the cost remains the same.

The classroom portions Thursday and Friday will be at the family’s former search-and-rescue headquarters at 755 N. Quince St. in Escondido. Saturday’s class will be in the field.

The classes will be taught by Brad Dennis of KlaasKIDS Foundation Search Center, which organizes searches for missing children across the country. The foundation is named after Polly Klaas, a 12-year-old girl who was abducted from her Northern California home and killed in 1993.

Volunteers who complete the course will be better prepared to take a test for the Search and Rescue Technician Level III certification from the National Association of Search and Rescue.

Article:
http://www.signonsandiego.com/news/2010/apr/14/dubois-family-to-hold-3-day-search-training/

Angel Who Cares · Apr 17, 2010

Family of Amber Dubois to host search-and-rescue training
Posted: Apr 15, 2010 9:30 AM EDT
Updated: Apr 15, 2010 9:31 AM EDT
<snipped>
The family of Amber Dubois will host a 3 day search-and-rescue training class starting today. Amber disappeared while walking to Escondido high school. Despite searches, she remained missing for more than a year, until her remains were found last month.

The class is scheduled from 6 p.m. to 9 p.m. today and tomorrow and from 9 a.m. to 3 p.m. Saturday at the family's former search-and-rescue headquarters in Escondido. Participants will learn about tracking and preserving a crime scene. The cost is $125 per person.

Video: Dubois family to host volunteer search-and-rescue training 0:31
http://www.760kfmb.com/global/video...Format=flv&clipId1=4705513&at1=News&h1=Dubois family to host volunteer search-and-rescue training&flvUri=&partnerclipid=

Article:
http://www.760kfmb.com/Global/story.asp?S=12316221

Angel Who Cares · Apr 17, 2010

Kings Tortured Over Plea Deal
Updated 6:49 AM PDT, Sat, Apr 17, 2010
<snipped>
The decision to give the district attorney the blessing to make a deal with the man who raped and murdered his daughter was “torturous,” according to Chelsea King’s father, Brent.

“There is nothing -- nothing -- satisfying about this moment,” he told members of the media shorlty after John Gardner entered a guilty plea for raping and killing his 17-year-old daughter,Chelsea, and raping and killing 14-year-old Amber Dubois of Escondido.

In exchange, Gardner escaped the death penalty. “While our unequivocal first choice is the death penalty, we acknowledge that in California that penalty has become an empty promise,” said King.

King also mentioned that avoiding a trial would help the community to heal as well as allow him and his wife, Kelly, to try and give their son, Tyler, 13, as much of a normal childhood as possible.

Another deciding factor for the Kings was the impact such a deal would have on the search for answers in the death of Amber Dubois. The King family became close with Maurice "Moe" Dubois and Carrie McGonigle immediately after Chelsea's disappearance, as the two sets of parents were drawn together in what Dubois has come to call an unfortunate club.

“The Dubois family have been through unthinkable hell the past 14 months,” said King. “We couldn’t imagine the confession to Amber’s murder never seeing the light of day, leaving an eternal question mark.”

Video: A Family's Plan
http://www.nbcsandiego.com/station/as-seen-on/A_Family_s_Plan_San_Diego.html

Video: 'Nothing Satisfying About This Moment': Brent King
http://www.nbcsandiego.com/news/loc...About_This_Moment___Brent_King_San_Diego.html

Video: Details Revealed During Gardner's Plea
http://www.nbcsandiego.com/news/local-beat/Details_Revealed_During_Gardner_s_Plea_San_Diego.html

Article:
http://www.nbcsandiego.com/news/local-beat/Kings-Tortured-Over-Plea-Deal-91109344.html

Angel Who Cares · Apr 17, 2010

Man Pleads Guilty to Killing Amber Dubois and Chelsea King
Friday April 16, 2010 08:25 PM EDT
<snipped>
Amber Dubois's father supported the plea deal. So, too, did Chelsea King's. Both men said that the alternative would have been worse.

On Friday, sex offender John Gardner III escaped the death penalty in admitting to murdering both 14-year-old Amber and 17-year-old Chelsea. Authorities also announced it was Gardner who had led them last month to the remains of Amber, who had been missing for the more than a year.

Gardner 31, pleaded guilty in a San Diego County court to strangling Chelsea, whose body was found in a San Diego area park five days later last February, and stabbing Amber in a remote location near Pala, Calif., during attempted rapes. He also admitted attacking a female jogger, who escaped, last December.

Under the agreement, Gardner will be returned to prison for life without the possibility of parole.

In a news conference, Amber's father, Maurice Dubois, said the deal provides "justice and closure," while Chelsea's father Brent Kelly said a long trial would have had a "destructive effect" on their 13-year-old son and the community, the Los Angeles Times reports.

Article:
http://www.people.com/people/article/0,,20361843,00.html

Angel Who Cares · Apr 17, 2010

Scholars: Plea deal can work for both sides
Families avoid trail, killer avoids death penalty
April 16, 2010 at 3:24 p.m.
Updated April 16, 2010 at 4:25 p.m.
<snipped>
Plea bargains are typically reached when the outcome suits both the defense and the prosecution, legal scholars say. The case of John Albert Gardner III is not atypical.

Gardner, 31, admitted raping and killing Chelsea King, 17, and Amber Dubois, 14, during a dramatic court appearance this afternoon.

As a result, he no longer faces the prospect of being put to death for his crimes. And prosecutors and the victims’ families no longer have to prepare for trial or prove beyond a reasonable doubt that Gardner is responsible for the deaths.

“I have no doubt that if the parents were opposed to the deal, the prosecutor wouldn’t have done it,” said Shaun Martin, a University of San Diego law professor who has been following the case. “If there’s one thing you don’t want as a prosecutor, it’s a victim’s family saying you didn’t do your job.”

Martin noted that taking the death penalty off the table not only spares prosecutors and family members a trial and the possibility of an acquittal, it also saves the state millions of dollars in legal expenses. Because death sentences come with an automatic and lengthy appeals process, the state typically spends years on appeals and spends $2 million or more to impose the penalty, he said.

Blank said plea deals also can help families recover more quickly from the tragedy. “Going through the criminal justice system can be extremely tough for the victioms’ families. It’s a living hell,” he said. “This early termination of it all is a great step forward in terms of closure and moving forward with their lives.”
*More at link!

Plea deals
*Richard Carson, a convicted sex offender who was free on bail when he used a hammer to beat Brittany Hart to death in the garage of his Spring Valley home in May 2007, pleaded guilty in January to first-degree murder. He was sentenced to 91 years to life in prison. In exchange, prosecutors agreed to drop a special allegation that the murder was committed during an attempted rape that exposed Carson to the death penalty if he had been convicted.

*Four of the five Bird Rock Bandits accepted plea agreements in order to spare them from possible life sentences in the 2007 beating death of La Jolla surfer Emery Kauanui Jr. Eric House, Orlando Osuna, and Matthew Yanke, pleaded guilty in June 2008 to involuntary manslaughter. Henri "Hank" Hendricks, pleaded guilty to accessory after the fact. House and Yanke were sentenced to 210 days in jail, and Osuna received 349 days. All three were placed on three years’ probation and in January were sentenced to three-year prison terms after admitting they violated probation by using marijuana and fraternizing with one another.The fifth man, Seth Cravens, went to trial and was convicted of second-degree murder and other charges and was sentenced to 20 years to life in prison.

*Former sheriff's deputy Lowell "Sam" Bruce pleaded guilty August 2007 to voluntary manslaughter in the December 2006 shooting death of his wife during a fight in their Alpine home with their 4-year-old son in the room. Bruce was originally charged with murder and faced a maximum prison sentence of 40 years to life if tried and convicted. In September 2008 Bruce was sentenced to 15 years in prison.

*Ralph Stephen Garbarini, a transient with a history of mental illness, pleaded guilty June 2007 to murdering 44-year-old Michael Andrew Fineman of Clairemont and trying to kill a second man inside Extraordinary Desserts near Hillcrest in a bizarre, random confrontation in 2006. In exchange for Garbarini's guilty plea, the District Attorney's Office agreed to drop the special-circumstance allegation of lying in wait, which could have left Garbarini facing the death penalty. Garbarini was sentenced to 75 years to life in prison with an additional term of life in prison with the possibility of parole.

*In March 1997 David Allan Webb pleaded guilty to torturing and killing 9-year-old Amanda Gaeke of North Park in 1991 in an agreement with prosecutors to avoid a trial over the notorious slaying. Webb was 16 when he killed Amanda, and under then state law ineligible for the death penalty. He was given a life sentence.

*Byron Threat pleaded guilty July 2003 to first-degree murder in the 1995 stabbing of Laurie Jane Osburn, 43, in her apartment in Imperial Beach. Threat was sentenced to 55 years to life in prison. Prosecutors sought the death penalty, arguing the slaying happened in the course of a robbery, but District Attorney Bonnie Dumanis told Threat's lawyer she would accept a plea bargain that sends Threat to prison for more than 50 years to life after Osburn's family told her they wanted to avoid a trial.

*Frederick Davidson, a San Diego State University graduate student who shot three professors in 1996 was allowed by in September 1998 to strike a plea bargain after the victims' families pressured then-District Attorney Paul Pfingst for a speedy resolution of the case. Davidson pleaded guilty to three counts of murder and is serving a life sentence without parole.

Article:
http://www.signonsandiego.com/news/2010/apr/16/scholar-plea-deal-can-work-both-sides/

Angel Who Cares · Apr 17, 2010

Gardner Pleads Guilty To Both Dubois and King Murders
April 16, 2010 at 2:54 p.m., updated April 16, 2010 at 6:12 p.m.
<snipped>
The man arrested for attacking and killing San Diego County teenagers Chelsea King and Amber Dubois pleaded guilty to all charges against him today. He made the guilty pleas to avoid the death penalty.

Gardener hung his head as he entered guilty pleas on all counts. He admitted to raping and strangling King and burying her in a shallow grave. He also admitted to killing Dubois with premeditation. That ends speculation that someone else was involved. San Diego County Superior Court Judge David Danielson offered the first public details of the crimes.

“As to Count Three, you admit that you took Amber Dubois to a remote area in Pala, where you raped and stabbed her. You then buried her in a shallow grave. Do you admit the truth to those facts?” Danielson asked.

“Yes.” Gardener said.

“And you further admit that this killing was done with pre-mediation and deliberation?” Danielson asked.

“Yes.” Gardener said.

Life Sentence And Closure
Gardner, 31, will avoid facing the death penalty. Instead, he will be sentenced to two consecutive life sentences in prison without the possibility of parole. He also pleaded guilty and faces more jail time for assaulting another young woman in December.

Sentencing was set for June 1. Prosecutor Kristen Spieler told the judge the victims' families agreed to the plea agreement.

Gardner Ended A Long Search
Amber vanished in February 2009, and the investigation produced few solid leads until Chelsea disappeared Feb. 25 during an afternoon run in a San Diego park about 10 miles south of the site where Amber vanished. Gardner was arrested three days after Chelsea disappeared. He initially pleaded not guilty in her killing.

In a surprising turn, Gardner admitted Friday to kidnapping, raping and stabbing Amber. He also admitted dragging Chelsea to a remote area where he raped, strangled and buried her.

San Diego County District Attorney Bonnie Dumanis said Friday that Gardner led authorities to Amber Dubois' body. She said Gardner agreed to lead authorities to the body on the condition that they could not use that information against him in court. Dumanis says it was a difficult decision, but prosecutors had no other evidence or DNA to link him to the death of Dubois.

A Long History
Gardner served five years in prison after pleading guilty in 2000 to molesting a 13-year-old neighbor girl. Records show he later violated parole by moving too close to a school but was allowed to remain free.
*More at link!

John Gardner Court Documents
•John Gardner Guilty Plea (PDF)
http://kpbs.media.clients.ellington...10___John_Albert_Gardner_-_Plea_of_Guilty.pdf

•John Gardner Charges (PDF)
http://kpbs.media.clients.ellington...4/16/04-16-10_-_John_A._Gardner_-_Charges.pdf

•District Attorney's Statement on Gardner Case (PDF)
http://kpbs.media.clients.ellington...0/04/16/Dumanis_Gardner_Statement_4-16-10.pdf

Article:
http://www.kpbs.org/news/2010/apr/16/gardner-pleads-guilty-murder-charges/

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