Hell to Pay

Russell Charles Markvardsen was ultimately murdered in his cabin along with a friend. (Posted in Related Deaths)

7-19-1997 California:

New law lets police divulge information about sex offenders, but is it flawed?

FURIOUS AND FRIGHTENED Santa Rosa neighbors got their wish. Convicted child molester Russell Charles Markvardsen, target of protests after Sonoma County sheriff's officials released his name, address, photograph, and criminal history on a landmark flier, is now behind bars in San Quentin.

His is the first arrest since the July 1 public release of the so-called Megan's Law CD-ROM computer system, which lists the criminal records of 64,000 sex offenders statewide. The Sonoma County Sheriff's Department became the first in the state to distribute "community alert" fliers about four high-risk registered sex offenders living in the county.

This move, later mirrored in several communities, and the CD-ROM--which local and state officials now acknowledge is riddled with errors--is drawing criticism from civil libertarians who see Megan's Law as a flawed and potentially dangerous crime-fighting tool. "The law is irrational," says Kelli Evans, a staff attorney for the American Civil Liberties Union of Northern California. "On the one hand, we want offenders to reform, but on the other, we make it impossible for them to live in a community and hold down a job.



"So people are going underground and moving from town to town, which also disrupts any treatment plan they may be undergoing."

Last Wednesday morning, just hours before his arrest, Russell Markvardsen sat in his heavily curtained Beachwood Drive living room in the Roseland section of Santa Rosa, a seascape painting over the sofa and a pile of National Geographics under the coffee table. He spoke about the impact of the public disclosure. He denied having had contact with neighbors or making threatening phone calls as alleged by one neighbor.

East Bay Family Mistakenly Appears On Sex Offender List

12-28-2004 California

Dec. 28 (ABC7) — There's a snag in the state's sex offender registry which went online this year. It turns out, not all the addresses are up-to-date. So for a Livermore family, Megan's Law has meant some embarrassment and some sleepless nights. ABC7's Debora Villalon explains why.

Look up Pam Brown's address on the sex offender list and there's a map to her house, plus data on a convicted child molester, Don Marsh. He lived there before the Browns bought the place 11 years ago. Occasionally they'll get mail for him, but didn't know his criminal past and don't like being linked to him now.

Pam Brown, victim of mistaken identity: "I'm disturbed that this isn't being taken care of immediately - that they know he doesn't live here, but somebody can't just go into the computer system and remove our address."

Livermore police are sympathetic, but somewhat powerless to fix this mistake. They can't change information in a state-run Web site. And the State Department of Justice says it can't replace an old address until it gets a new one from the sex offender."

Livermore's chief admits offenders often move without re-registering. They're the ones with red check marks on the Web site. Their new neighborhoods are unsuspecting. Their old ones, stigmatized.

Chief Steve Krull, Livermore P.D.: "I don't know if it's a huge flaw, but it certainly seems to be a hiccup that could be corrected."

It can't be fixed fast enough for the Browns, a builder and schoolteacher, now uneasy about displaying their address. They've poured time and money into remodeling their home, only to worry it could be vandalized by someone who thinks wrongly, a sex offender lives there.

Kyle Brown, victim of mistaken identity: "I don't know that to expect. Who knows what somebody might be thinking? It does worry me. It bothers me."

Marsh moved to Manteca years ago, so a quick visit from police there is all it would take to get the Browns off the hook and out of the registry.

Our inquiries prompted the Livermore police chief to personally call Sacramento, and late today, a spokesman told us the Browns' address will be removed in the next few days. ..more.. by ABC7News

NH- Report: Rape lie ignited dad's rage

10-19-2007 New Hampshire:

WEARE – The man who beat up his 15-year-old daughter's boyfriend in the high school parking lot last month did so after the daughter reported the boy had raped her, according to court documents.

The girl later admitted lying -- the sex was consensual, she said.

On Tuesday, Gilberto L. Soto, 38, of Weare, was arraigned on a charge of second-degree assault -- a Class B felony -- for attacking 17-year-old Damon Hadley, an attack that sent Hadley to the hospital.

Soto waived his right to court-appointed counsel and was released on $500 personal recognizance.

According to court documents, the girl's mother called police at 1 p.m. on Sept. 10 and said she wanted to file a report that her daughter had been forced to have sex with Hadley in the parking lot of John Stark Regional High School.

Less than two hours later, Soto called police and asked what was going to happen to the boy who allegedly attacked his daughter.

Ten minutes later, he was arrested by the school's resource officer, having allegedly attacked Hadley in the school's parking lot, leaving him with cuts, bruises and two stitches to his face.

The beating took place in full view of students and parents just as school was letting out around 3 p.m.

Dad upset school confused him with sex offender

Indian Village limited his access when picking his kids up there.
10-11-2007 Indiana:

Jose R. Luera is not a child molester. Even the police say so.

But, thanks to a case of mistaken identity, a legitimate concern for student safety and Fort Wayne Community Schools' failure to do its homework, he's spent the past five months under a cloud of suspicion he never deserved.

“People are treating me like a criminal. Other parents are pulling their kids away from me,” said Luera, 41, who on May 11 received a letter from Indian Village Elementary School informing him that, as a convicted sex offender, he was banned from school property except to pick up his two children or to attend a meeting. And even then, Principal Stephany Bourne wrote, he would have to be escorted, and “If you enter the building for any other purpose or any other time, you will be trespassing and the police will be called to arrest you.”

Less than a month later, after receiving an irate letter from Luera's attorney, Bourne wrote another letter. “I … apologize for my actions,” it said. “As you know, decisions we make are always in the best interests of children … Unfortunately, an error occurred with regard to the background of Mr. Luera.”

An error occurred, all right. But why? And, perhaps more importantly, what are school officials doing to keep it from happening to somebody else?

The answers are not encouraging.

“Why didn't the schools even call us (before sending the May 11 letter)?” asked Luera's wife, Rose, who could have cleared up the misunderstanding by directing officials to the national sex-offender database. The site does indeed include a man with the same date of birth and a very similar name - Jose R. Leura, convicted of committing a lewd, lascivious act with a child. But the differences between the man in Fort Wayne and his near-namesake in Sarasota, Fla., go way beyond the two transposed letters in their last names. Jose Luera is 5 feet, 8 inches tall, weighs 198 pounds and is Hispanic. Jose Leura is white, stands 5 feet, 5 inches tall, weighs 146 pounds and has two hearts and a ribbon tattooed onto his right arm.

“The photo on the Web site is not even close to looking like Jose,” said Rose Luera, 46. “Unless you think all Hispanics look alike.”

The Lueras don't know who might have told school officials to investigate Jose's background or why they wrongly branded him a sex offender without even giving them a chance to explain. Nor does Jose know whether there's more than mere coincidence at work here. Luera said he was born in Florida and moved to Fort Wayne in 1989, suggesting Jose Leura might have stolen his identity.

As improbable as that sounds, it's no less bizarre than the notion a major school district would make such an accusation without a more thorough review of easily obtainable facts. Eight years ago, in fact, the Allen County Sheriff's Department had investigated and concluded the two Joses “are not one and the same. (emphasis added)”

And yet . . .

“I don't know if there's another way we'd ask a principal to handle this,” FWCS spokeswoman Krista Stockman said. “If we're being diligent, and get credible information about a sex offender, we have to pursue it. As soon as we discovered our mistake, we issued an apology and welcomed (the Lueras) back into the school.”

That last assertion is open to debate. The Lueras believe their access to the southwest-side school continues to be restricted and scrutinized - a suspicion perhaps rooted in disputes with Indian Village personnel that began even before the sex-offender charge emerged. The couple said they have been unhappy with how they perceive the school has handled their 9-year-old daughter, Olivia, who has Down syndrome. I should note that, even though Luera is not a convicted sex offender, he does have a criminal record, having been convicted in Tennessee on a drug charge in 1993, for which he remains on probation. But, in a written statement provided to the Lueras, FWCS Safety Director John Weicker said he had “no concern whatsoever” about Luera's Tennessee conviction. Both Weicker and Bourne declined to comment publicly.

In this dangerous and litigious age, schools have no choice but to take sex-offender allegations seriously. But they must also investigate with both diligence and caution, precisely because it is such a litigious age. In the end, this kind of story can please only lawyers.

“I want to sue somebody,” Jose Luera said. The couple's attorney, Nikos Nakos, said the Lueras have a strong case.

“It's legitimate to be concerned about student safety, but the schools should have contacted Luera and simply asked, ‘Is this true?' ” Nakos said. “They never gave the Lueras that chance. Their right to due process was violated, and they suffered emotional distress.”

As professional educators, school officials should be expected to learn from their mistake. ..more.. by Kevin Leininger, of The News-Sentinel

Family Puts Up Sex Offender Warning Sign

10-17-2007 Indiana:

Family Says Sex Offender To Move In Next Door

VERSAILLES, Ind. -- An Indiana family who said a sex offender plans to move in next door is taking matters into its own hands, and their neighbors said their new efforts are raising a few eyebrows.

The Ratliff family and neighbors received a notice from the city stating that Everett Scholl would be moving in, but the Ratliffs put up a sign just in case anyone didn't get the message, WLWT-TV in Cincinnati reported.

They put up an 8-foot by 6-foot sign at the edge of their property so everyone would know exactly what Scholl looks like and what he's done.


"I don't want him to move in because I'm, like, scared," said Erika Ratliff, 14.

Erika's mother, Faith Ratliff, 44, confirmed Scholl's incest and rape convictions on the Internet and included them on the sign.

"It's just kind of scary that he did it to his kids and he might do it again," said Alexis Ratliff, 13.

Authorities said the Ratliffs' sign is legal as long as it is accurate. The Ratliffs said they just hope the sign can keep their family and others safe.

MAYBE THE AUTHORITIES OUGHT TO READ WHAT
IS POSTED ON THE STATE'S REGISTRY:

Information contained on this site provides no representation as to any offender’s likelihood of re-offending or the nature of any future crimes that may be committed.

Information in this registry may not be used to harass or threaten offenders or their families. Harassment, stalking, or threats may violate Indiana law.

____ I verify that I have read the information on the purpose, limitations, and proper use if this registry as explained above.

Faith Ratliff said she wanted to address those who think she took her message too far.

"Put yourself in my situation -- would you want this to happen, would you want someone that did what he did to live 100 feet from your daughter's bedroom window and let him think, 'you know what, they don't know what I did'?" she said.

She said she wishes Indiana had a better notification system to tell residents when a sex offender purchases property or moves to a new location.

In Ohio, there is a system that sends postcards, and in Kentucky, you can register your ZIP code to be notified by phone when an offender moves nearby. ..more.. by NBC6.net

Uproar Over Release Has Serial Rapist Reconsidering

Living with sister is his only alternative to homeless shelter
10-11-2007 Connecticut:

Serial rapist David M. Pollitt, days away from being released from prison after 241/2 years, has heard of a Southbury neighborhood's reaction to his imminent arrival and is having second thoughts, according to his family's attorney.

Pollitt, 54, is set to move in with his sister, Janice Rosengren, and her family, who live at 135 Fox Run Drive, and is to be closely supervised by the Department of Adult Probation, which is likely to keep him in a type of “lockdown” in the sister's home until it can assess his risk of re-offending.

Neighbors have been in an uproar since learning over the weekend that Pollitt would be living in the suburban area. He was convicted in the late 1970s and 1980s of attacks on women in Old Lyme, Waterford, Killingworth, Rocky Hill and Wallingford, and police said they suspected him of other crimes.

He has never admitted to the crimes, and his sister proclaimed in a letter to neighbors that the family thinks he is innocent.

Neighborhood groups have been gathering at a house across the street from the one where Pollitt will live. They have called town officials, the governor's office, and state agencies like the Department of Adult Probation and Department of Correction. Some have signed an online petition to keep Pollitt in prison, and many have told the media of their fears.

The family's attorney said Tuesday that neighbors put up a sign in Rosengren's yard Monday and accosted her when she went to her mailbox. He said Pollitt, preparing to leave the Osborn Correctional Center in Somers on Friday, has heard of some of the controversy and has had second thoughts.

“They've talked to David, and he's at the point where he doesn't want to come home,” said attorney Jerry E. Attanasio. He said that Pollitt's only options upon his release were to live with a family member or go to a homeless shelter, and that Rosengren and her husband could not let him go to a shelter.

Pollitt has several other family members in Connecticut, but only Janice Rosengren volunteered to take him in, Attanasio said. Because he had served his full sentence and is not on parole, there is no transitional housing, such as a halfway house, available.

As of Tuesday afternoon, the plan for Pollitt to be released to his sister's house had not changed.

“He's going there, but he's not happy with what his family is going through,” Attanasio said. “He was prepared and ready that something like this would happen, but he feels bad.”

Rosengren has two daughters, one 17 and one a few years older, and both will eventually be moving out of the house, according to Attanasio.

Pollitt committed the type of crimes that spark the most fear in a community — sexually assaulting strangers, said Chief Probation Officer William Anselmo, who heads up the state's sex offender supervision for the probation department.

Anselmo was on his way to Southbury Tuesday afternoon to explain the strict conditions of Pollitt's release to neighbors. Pollitt will report to the probation department immediately upon his release Friday and will be fitted with a global positioning satellite device that will enable the state to track his movement. The state will determine where he works and whom he socializes with.

The probation department could initially order a type of lockdown that would allow Pollitt to leave the house only for work, probation meetings and treatment appointments. Pollitt has five years of probation, and the department's normal procedure is to start off with strict conditions and gradually reduce them as they get to know the offender and see that he is complying.

Pollitt will undergo sex offender evaluation and treatment — something he did not voluntarily undertake in prison — and will have to take responsibility for his crimes in order to remain in compliance.

Probation, town officials and local legislators are expected to go to the neighborhood at 5 p.m. today to speak with people who are concerned about the release, according to Kevin Powers, who lives on nearby Wolfpit Drive.

“It's been a circus here the last two days,” Powers said Tuesday afternoon. He said that there are between 75 and 100 children in the neighborhood and that everyone is on a first-name basis.

“Our neighborhood is a children's park, and he's going to be sitting in the middle of their sandbox,” he said.

Pollitt was sentenced to 45 years in prison but was able to reduce the sentence by more than 20 years with so-called “good time” — or time off for good behavior — from the Department of Correction. Based on the way the law was written at the time of sentencing, he received 17 years off the sentence up front, according to a correction official. He received additional “good time” by working seven days a week while in prison, earning one day for every week he worked the full seven days.

The “good time” provision became stricter in the months after Pollitt was sentenced and was eliminated under the so-called “truth in sentencing law,” which pertains to crimes committed after Oct. 1, 1994. ..more.. by Karen Florin

Home Destroyed In Suspicious Fire

10-5-2007 Oklahoma:

A Creek County criminal case has taken on a new twist. Ed Willingham Jr. once worked for the Creek County Sheriff's office and until recently, was the lead investigator for the Creek County District Attorney’s office. He was fired this summer after his wife accused him of molesting a young girl. Willingham was charged in that case Wednesday and six hours later, his house burned to the ground.

News On 6 crime reporter Lori Fullbright reports the state fire marshal is looking at whether this is arson, but most officers the News On 6 talked to, believe it is.

Ed Willingham Jr. had been granted the house at 17204 West Teel Road in Sapulpa in the divorce and was supposed to move back in next week. His wife and sons had moved out recently. This fire is just one more strange event in the recent life of Ed Willingham, Jr.

His career in law enforcement and his marriage have also gone up in flames in the past few months. In court papers, Willingham’s wife accused Ed Willingham Jr. of being addicted to prescription drugs and abusing her on July 4th. His wife went back to him until 13 days later when she says she caught Ed Willingham sexually molesting a 10-year-old neighbor girl who had spent the night.

Ed Willingham’s wife filed a protective order against him and he was arrested for violating it twice in a matter of days. Court papers show Ed Willingham Jr. filed for divorce then dropped it. Ed Willingham’s wife filed and requested he only get twice weekly supervised visits with his two young sons and the judge agreed.

That is about when Willingham got fired by his close friend and boss, District Attorney Max Cook. Then Willingham was charged Wednesday with molesting the neighbor girl in July and with molesting a friend's daughter in 2001.

The family of that girl says they didn't report it at the time because he was a higher up at the Creek County Sheriff's Office and they were afraid no one would believe them, plus the victim’s family didn't want it to ruin their lives.

Court records show Willingham's wife caught him in a third compromising position with a child many years ago while camping with friends and their toddler daughter, but his wife never mentioned it to anyone.

Willingham surrendered on the new charges on Wednesday afternoon, bonded out immediately and by 10 p.m. Wednesday, firefighters were racing to his home to put out a fire. More than a few people wondered about the timing of it.

The state Fire Marshals Office told the News On 6, it's too soon to know if Wednesday night's fire was arson. They should know more by Thursday. The Creek County Sheriff's Office told Lori Fullbright, if it is, they have several suspects they will want to question. ..more.. by KOTV.com