UPDATED:1-11-1995 New Jersey:
PHILLIPSBURG, N.J., Jan. 10— Two men who knew that a recently paroled sex offender was living here because of the community notification provision in "Megan's Law" have been charged with assault in a case that prosecutors are calling the first instance of vigilantism under the new law.
The two men, a father and son, broke into the house where the parolee, Michael Groff, 25, was asleep on a living room floor at 2:47 A.M. Sunday, Warren County authorities said. But several people were staying at the house, at 318 Lincoln Street, and one of the intruders began beating a man he mistook for Mr. Groff, said John J. O'Reilly, the County Prosecutor.
Barbara Keller, 41, who was asleep on the couch at the time of the break-in, said, "All of a sudden this big guy in a black ski mask came in the door and said he was looking for the 'child molester.' " Someone called the police, who arrived within minutes and subdued the attacker before anyone was seriously hurt, the prosecutor said.
Last fall, Gov. Christine Todd Whitman signed the legislation, named after a 7-year-old Hamilton Township girl, Megan Kanka, who was sexually assaulted and murdered on July 29. A neighbor who is a twice-convicted sex offender has been charged in her death. Lawmakers viewed the law's community-notification provisions as a safeguard to children against sexual predators and pedophiles.
Today, as word of the attack spread around the state, it was condemned by law-enforcement officials, who said they would be aggressive about prosecuting "vigilantism," and by civil libertarians, who have opposed the law as an invasion of privacy.
The legal director of the American Civil Liberties Union of New Jersey, Marsha Wenk, said, "This is exactly the concern that we had when the law was being considered for passage, that it would be used to enable vigilantism rather than for any legitimate community interest."
A Federal judge in Newark issued a preliminary injunction last week barring community notification in the case of a recently released rapist who moved to Passaic. Courts in a handful of states -- California, Illinois, Arizona, New Hampshire and Alaska -- have struck down community notification statutes as unconstitutional. But they have upheld registries, which enable the police to track sex offenders' whereabouts.
Mr. O'Reilly, the prosecutor here, said: "We're not going to tolerate this kind of vigilantism. 'Megan's Law' was never intended to permit or condone harassment or intimidation of individuals who have paid their debt to society."
And Jayne Rebovich, a spokesman for Attorney General Deborah Poritz, who strongly supports the law, released a statement saying: "This type of behavior is totally unacceptable and will be prosecuted to the fullest extent of the law."
Phillipsburg is an old industrial town across the Delaware River from Easton, Pa. Mr. Groff had been staying in the apartment with his aunt and uncle, John and Carol Hanby, Ms. Keller said. They had given him a temporary place to live after his release last month from state prison. He had served 4 years of a 10-year sentence after being convicted of sexually abusing his 1-year-old daughter and a 4-year-old boy, Mr. O'Reilly said.
The intruders were identified by the police as Kenneth Kerkes, 52, and his son, Kenneth Jr., 22, who live a block away in another wood frame row house. The younger man was identified by the police as a corrections officer in the Northampton County, Pa., jail.
Each was charged with second-degree burglary and misdemeanor counts of assault, harassment, malicious damage and conspiracy. They remained in jail today in lieu of individual cash bails of $10,000, the prosecutor said.
Ms. Keller said the attack unfolded quickly once the masked intruder, identified by the police as the elder Mr. Kerkes, entered the living room and awakened them.
Ms. Keller described the following exchange:
"Are you Michael Groff?" the intruder asked Thomas Vicari, a truck driver who had arrived at the apartment a few hours earlier after a long trip.
"Who wants to know?" Mr. Vicari responded sleepily as he sat up in a sofa bed under a color portrait of Elvis Presley.
"You're the child molester," the man said and started pummeling Mr. Vicari with his fists.
Ms. Keller said the two men fell in a scrambling pile on the floor while the younger Mr. Kerkes stood guard at the door and hurled a beer bottle through the living-room window.
Ms. Keller said she ran to the rear of the house and told Mr. and Mrs. Hanby to telephone the police, who soon arrived.
Mr. O'Reilly said there was no evidence of a wider conspiracy.
He said his office complied with the guidelines accompanying the new law when he directed the police to notify neighbors on Lincoln Street on Dec. 27 that Mr. Groff had been released from prison and had moved to their block. His office also notified local schools, youth organizations and other groups who had been registered to receive information about newly released sex offenders.
The legislation established three tiers of sex offenders in respect to their risk to a community.
Mr. Groff was considered a high risk case because he had previously exhibited a sexual preference for a child outside his immediate family and had committed repeated crimes, Mr. O'Reilly said.
Moreover, there was concern because he had served only 4 years of his 10-year sentence in a prison where he had not received therapy for his problems, the prosecutor said. ..Source.. by JON NORDHEIMER
'Megan's Law' Prompts Lawsuit
2-20-1995 New Jersey:
A man beaten up, apparently when he was mistaken for a paroled sex offender, said he would sue the county government. The man, Thomas Vacari, is the first person to contend he was injured by a law that allows authorities to alert communities to the presence of convicted sex offenders.
In a lawsuit to be filed this week, Mr. Vacari, 41, wants the Warren County Prosecutor's office, the Phillipsburg Police Department and the Warren County government held responsible for what he called "reckless" notification before the Jan. 8 attack.
Under the provisions of what is called "Megan's Law," the County Prosecutor and the Phillipsburg police distributed fliers in January disclosing that a paroled sex offender, Michael Groff, had moved to Phillipsburg.
Seeing Mr. Groff's address on the flier, Kenneth Kerekes Sr., 52, broke into his home to beat him, the authorities said. But instead of Mr. Groff, Mr. Kerekes mistakenly beat Mr. Vacari, who was a guest at the apartment. ..more.. by NY Times
'Vigilante' Attack in New Jersey Is Linked to Sex-Offenders Law
1-11-1995 New Jersey:
Two men who knew that a recently paroled sex offender was living here because of the community notification provision in "Megan's Law" have been charged with assault in a case that prosecutors are calling the first instance of vigilantism under the new law.
The two men, a father and son, broke into the house where the parolee, Michael Groff, 25, was asleep on a living room floor at 2:47 A.M. Sunday, Warren County authorities said. But several people were staying at the house, at 318 Lincoln Street, and one of the intruders began beating a man he mistook for Mr. Groff, said John J. O'Reilly, the County Prosecutor.
Barbara Keller, 41, who was asleep on the couch at the time of the break-in, said, "All of a sudden this big guy in a black ski mask came in the door and said he was looking for the 'child molester.' " Someone called the police, who arrived within minutes and subdued the attacker before anyone was seriously hurt, the prosecutor said.
Last fall, Gov. Christine Todd Whitman signed the legislation, named after a 7-year-old Hamilton Township girl, Megan Kanka, who was sexually assaulted and murdered on July 29. A neighbor who is a twice-convicted sex offender has been charged in her death. Lawmakers viewed the law's community-notification provisions as a safeguard to children against sexual predators and pedophiles.
Today, as word of the attack spread around the state, it was condemned by law-enforcement officials, who said they would be aggressive about prosecuting "vigilantism," and by civil libertarians, who have opposed the law as an invasion of privacy.
The legal director of the American Civil Liberties Union of New Jersey, Marsha Wenk, said, "This is exactly the concern that we had when the law was being considered for passage, that it would be used to enable vigilantism rather than for any legitimate community interest."
A Federal judge in Newark issued a preliminary injunction last week barring community notification in the case of a recently released rapist who moved to Passaic. Courts in a handful of states -- California, Illinois, Arizona, New Hampshire and Alaska -- have struck down community notification statutes as unconstitutional. But they have upheld registries, which enable the police to track sex offenders' whereabouts.
Mr. O'Reilly, the prosecutor here, said: "We're not going to tolerate this kind of vigilantism. 'Megan's Law' was never intended to permit or condone harassment or intimidation of individuals who have paid their debt to society."
And Jayne Rebovich, a spokesman for Attorney General Deborah Poritz, who strongly supports the law, released a statement saying: "This type of behavior is totally unacceptable and will be prosecuted to the fullest extent of the law."
Phillipsburg is an old industrial town across the Delaware River from Easton, Pa. Mr. Groff had been staying in the apartment with his aunt and uncle, John and Carol Hanby, Ms. Keller said. They had given him a temporary place to live after his release last month from state prison. He had served 4 years of a 10-year sentence after being convicted of sexually abusing his 1-year-old daughter and a 4-year-old boy, Mr. O'Reilly said.
The intruders were identified by the police as Kenneth Kerkes, 52, and his son, Kenneth Jr., 22, who live a block away in another wood frame row house. The younger man was identified by the police as a corrections officer in the Northampton County, Pa., jail.
Each was charged with second-degree burglary and misdemeanor counts of assault, harassment, malicious damage and conspiracy. They remained in jail today in lieu of individual cash bails of $10,000, the prosecutor said.
Ms. Keller said the attack unfolded quickly once the masked intruder, identified by the police as the elder Mr. Kerkes, entered the living room and awakened them.
Ms. Keller described the following exchange:
"Are you Michael Groff?" the intruder asked Thomas Vicari, a truck driver who had arrived at the apartment a few hours earlier after a long trip.
"Who wants to know?" Mr. Vicari responded sleepily as he sat up in a sofa bed under a color portrait of Elvis Presley.
"You're the child molester," the man said and started pummeling Mr. Vicari with his fists.
Ms. Keller said the two men fell in a scrambling pile on the floor while the younger Mr. Kerkes stood guard at the door and hurled a beer bottle through the living-room window.
Ms. Keller said she ran to the rear of the house and told Mr. and Mrs. Hanby to telephone the police, who soon arrived.
Mr. O'Reilly said there was no evidence of a wider conspiracy.
He said his office complied with the guidelines accompanying the new law when he directed the police to notify neighbors on Lincoln Street on Dec. 27 that Mr. Groff had been released from prison and had moved to their block. His office also notified local schools, youth organizations and other groups who had been registered to receive information about newly released sex offenders.
The legislation established three tiers of sex offenders in respect to their risk to a community.
Mr. Groff was considered a high risk case because he had previously exhibited a sexual preference for a child outside his immediate family and had committed repeated crimes, Mr. O'Reilly said.
Moreover, there was concern because he had served only 4 years of his 10-year sentence in a prison where he had not received therapy for his problems, the prosecutor said. ..more.. by JON NORDHEIMER
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