Gardner Broke Parole

Discussion in 'Chelsea King' started by sungrl, Mar 11, 2010.

  1. sungrl

    sungrl New Member

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  3. Wise Old Owl

    Wise Old Owl Retired WS Staff & Founding member of AFKBPOFPOPL

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    and once again the Parole Division of the state of California seems to have "dropped the ball". Not to say this only happens in California - I'm sure it is going on all over this country.

    Writing and enacting laws are doing nothing to protect our children!
     
  4. JBean

    JBean Retired WS Administrator

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    I always thought the parole and probation systems were firly mechanical in CA. By that I mean there were certain consequences with each parole or probation violation. I don't think it is uncommon for a violation to not land you back in jail for an extended period of time on your first or second violation, but at some point all bets are off. I am wondering how unusual it is for a parolee to violate and not end up doing serious time for it.

    The article says that he could have been evaluated, but in reality, according to Jessica's law he should have been evaluated before relase anyway. So, imo there is no reason to think this evaluation would have yielded any different results by locking him up.

    This is a core flaw in the CA system that must be addressed as a whole and not in pieces and parts.
     
  5. Wise Old Owl

    Wise Old Owl Retired WS Staff & Founding member of AFKBPOFPOPL

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    JBean - I don't think its just California. Here, in South Florida, the local newspaper "outed" a homeless man in a downtown park. Seems he was a convicted child rapist and murderer. He was sentenced to 30 yrs - did 15 and they let him out. His crime was in IL or IN (I don't remember) but when he got out he came down here. He was arrested and jailed in Miami for failing to register - but that was for only 30 days or so - then back on the streets and he was in our downtown park!!! :eek: Even the local PD didn't know about this guy.

    So what did they do? Well, seems he was a veteran - so they got this guy a bed in one of the local VA hospitals!!!

    There is a thread about it in crimes in the news.

    Why are RSO's allowed to register as "transient"? Here, they can. I was going through some of the 597 that are within 5 miles of my home - and they just list cross streets of where they "hang out". Why why why?
     
  6. Voice4theSilent

    Voice4theSilent Active Member

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    I went to HS with a man (I use the term loosly) who ended up being convicted of a felony and subsequently had to register as a sex offender. He was promptly thrown back in jail in Orange County for 32 months for failing to register following a move of residence (approx. 10 years after getting out of jail on his original conviction) after he was stopped and cited for driving on a suspended license.

    Perhaps it varies by county however I would hope ALL counties would mandate jail on the first probation violations for sex offenders!
     
  7. JBean

    JBean Retired WS Administrator

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    Orange County where I live is tough. But they are letting out a controversial RSO today as a matter of fact.
     
  8. PQgirly884

    PQgirly884 New Member

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    exactly how close are they allowed to live within a school or park? because i know some RSOs live near my house within a mile i believe and there are three elementary schools near me.
     
  9. sungrl

    sungrl New Member

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    This is what I found for California:

    A sexually violent predator or a serious paroled sex offender cannot live within one-fourth of a mile of a school, and high-risk paroled sex offenders cannot live within one-half mile of a school, daycare center, or place where children congregate.
     
  10. Herding Cats

    Herding Cats New Member

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    JBean, I think the case you're talking about released a statement saying that he will be kept in pending further federal charges...but I'm not sure. I heard something like that on KFI on my drive home from the hospital, but haven't checked it out.

    Regardless, your point remains unchanged - something needs to change, there is indeed a hole in the core system, and it must be plugged, and plugged tightly.

    Best-
    Herding Cats
     
  11. JBean

    JBean Retired WS Administrator

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    Orange County District Attorney Tony Rackauckas says convicted child molester George England, who was due to be released from prison Friday, will be immediately arrested on a warrant from Palm Beach, FL.

    http://kfi640.com/cc-common/mainheadlines3.html?feed=153218&article=6868825
     
  12. Wise Old Owl

    Wise Old Owl Retired WS Staff & Founding member of AFKBPOFPOPL

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    quote from article:

    Prosecutors say during that time he continually raped the girl from Vietnam, getting her pregnant as many as eight times and even forcing her to have sex with animals.

    England could not be prosecuted for what happened with the Vietnamese girl because the statute if limitations had run out.

    He'll have served just over three years for molesting the other three girls.


    Three years? Man o man - I'm putting this guy on my radar because Palm Beach is the next county up from me. Wonder if he "has money" - will he be able to "bond out" once he gets here? We have had a rash of "wealthy" palm beach guys arrested for child porn, molestation and even rape - don't think too many of them are sitting in jail waiting their trial. Hope whatever they have on this guy here can keep him behind bars regardless of financial status - KWIM?
     
  13. JBean

    JBean Retired WS Administrator

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    I heard an interview with the Viet namese gal today,ugh is all I can say.
     
  14. Voice4theSilent

    Voice4theSilent Active Member

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    I don't think he has any money. IMO life in jail is MUCH too nice a future for this SO. :furious:
     
  15. Wise Old Owl

    Wise Old Owl Retired WS Staff & Founding member of AFKBPOFPOPL

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    Just came across this updated article about JAG and breaking parole. Don't know if anyone else has posted this yet - has more info than the first.

    APNewsBreak: Calif. murder suspect broke parole

    By DON THOMPSON, AP
    57 minutes ago

    The parole records show state officials found Gardner illegally living within a half-mile of a school in September 2007 and decided to keep him on parole. The records show at least five later violations, the last on Sept. 8, 2008, just 18 days before Gardner was let go from parole supervision and his location-tracking GPS bracelet removed from his ankle.

    Each time, the decision was "COP:" Continue on Parole.

    He wasn't sent back to prison in September 2007 because he corrected the residency violation by moving away from a college campus that had a day care center, Hidalgo said.

    He had six other technical violations — one more than shown in the records obtained by the AP, Hidalgo said.

    http://www.comcast.net/articles/news-national/20100311/US.Missing.Teen/
     
  16. pugpugpug

    pugpugpug New Member

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    huh. Interesting. I live across the street from a private school and there's a sex offender in my apartment complex... I guess he's not high-risk then...
     
  17. sarx

    sarx Verified Expert/Professional in SAR and K9SAR

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    Sadly, because they were technical violations, or minor infractions (in the eyes of law), they are often slapped on the wrist and sent on there merry way. Jails and prisons are terribly overcrowded, courts are backed up, the list goes on and on. They weigh the crime to the resources and there you go. Is it right? No. Is it the way it works, yes.
     
  18. Curious Me

    Curious Me Long-Time Member

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    Gardner must've sold his soul because he sure got away with way too much skating through all these parole violations.

    I mentioned this before, but it just seems like an important point. Gardner, if he guilty of it, was able to abduct and murder Amber Dubois, and get away with it for over a year....and may I stress, could have gotten away with it forever. He chose to push it even further and kill another young girl.
     
  19. Nancy2441

    Nancy2441 New Member

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  20. Natal

    Natal Former Member

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    Well, all of the violations were pretty minor, except for the residency one. And even then, the school in question was actually a daycare in a college, so it is reasonable to conclude that he was unaware of it's presence. In any case, his crime and interests didn't involve children that young so relocating his residence to some other location that satisfied the technical requirements of the parole was a reasonable response.

    The purpose of the parole system isnt to throw the inmate back into prison ASAP, it is to monitor their behaviour once released. As a practical matter they assess these sorts of violations and make a judgement call as to whether the parolee poses a risk to society as a result of the violations.
     
  21. Dogface

    Dogface Active Member

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    Yeah this one always gets me. I have had friends who are insanely irresponsible spend 6+ months in jail because of an accumulation of unpaid speeding tickets, traffic violations, etc.(which is all there own fault, and I condone in no way) yet, sex offenders, who commit a crime against another person get let out. Or, even further off topic drug addicts who have never committed violent crimes are often kept in jail longer than sex offenders. :furious: I just don't understand who decides what crime is more punishable, and how, they don't see that keeping sex offenders behind bars, or on stringent release programs that have immediate consequences for compliance failure, is the only way to protect people(usually women and children) from monsters like this.
     

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