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Local radio host puts on fundraiser for Chelsea King and Amber DuBois families
March 22, 2010
<snipped>
The out-pour of community support for Chelsea King and Amber DuBois families have shown just how caring and connected our community is. Rick Amato of The Rick Amato Show on KCBQ AM 1170 in San Diego, was in studio today to talk about a special fundraiser to raise money and show support for the King and DuBois families.

Video: Local radio host puts on fundraiser for Chelsea King and Amber DuBois families 4:50
http://www.kusi.com/news/goodmorning/87834957.html?video=YHI&t=a

Remembering Amber & Chelsea
Bring Amber Home
http://www.bringamberhome.com/

Chelsea's Light
http://www.facebook.com/event.php?eid=371457036508&ref=mf#!/chelseaslight?ref=ts

Chelsea's Light Foundation
http://www.chelseaslight.org/

Finish Chelsea's Run
http://www.facebook.com/event.php?eid=371457036508&ref=mf

Article:
http://www.kusi.com/news/goodmorning/87834957.html
 
California Parole System Criticized
April 2, 2010
<snipped>
GLORIA PENNER (Host): There's renewed interest in the accused killer of teenager Chelsea King. Reports of John Gardner violating the terms of his parole after a sex-offense conviction, are stirring criticism of the parole, and sex offender monitoring agencies. Ricky Young, government editor for the San Diego Union-Tribune is with me to explain. So Ricky what have we learned about Garner's activites after he was paroled as a convicted sex offender, that has stirred this concern?

RICKY YOUNG (Editor, San Diego Union-Tribune): Well, he got on parole in 2005 after a 2000 incident where he molested and beat a 13-year-old Rancho Bernardo girl. And, the provisions of his parole called for a number of things. It didn't allow for him to live in certain places, it didn't allow for him to be on the Internet, didn't allow all sorts of things and its turned out that in at least seven cases, and we uncovered an eighth this week, regarding him having a Myspace page, that he violated his parole.

PENNER: But he was never sent back to prison.

YOUNG: Never sent back to prison.

PENNER: So how does the parole board explain this?

YOUNG: Well one thing they say is that uh the prisons are full and if they sent someone back to prison every time they violated one of these provisions, some of which are fairly minor, that they just wouldn't have room for them.

Video: California Parole System Criticized 6:10
The case of John Albert Gardner III, the convicted sex offender accused of raping and killing local teenager Chelsea King, has raised many questions about the state's parole system and how Gardner was monitored following his release from prison. We speak to Ricky Young, from the San Diego Union-Tribune, about the latest.
*Download MP4 or View At Article Link!
http://kpbs.media.clients.ellingtoncms.com/video/2010/04/02/parole.mp4

View transcript:
http://www.kpbs.org/videos/2010/apr/02/4724/#transcript

Article:
http://www.kpbs.org/news/2010/apr/02/california-parole-system-criticized/
 
State Parole Officials Investigate John Gardner Release
Last Update: 4/01 1:35 pm
<snipped>
State lawmakers question high ranking officials with the California Department of Corrections about improving the Parole System. "I think it's time for corrections to turn the corner and be part of the solution. Stop defending a broken system and tell us what they need," says State Assembly Member Nathan Fletcher.

The Undersecretary of Operations for the Department of Corrections says the rating system used to gage Gardner's threat level while on parole ranked him as a two out of a possible ten, even though the mental health report spelled out serious concerns that he would offend again. Officials confirm that report was not considered when ranking Gardner.

"What do you have to do to get a ten if what Gardner did gets you a two," says Fletcher.

The Director of Parole Operations says keeping an eye on sex offenders goes way beyond his office. "Sex offenders are a community problem. They are a a community issue. They are not a department of corrections issue. I don't mean that in a sense of trying to cut myself from the problem but we are a 10% answer in a 100% issue," says Robert Ambroselli. "The reality is if an offender has been a monster, like Gardner -- is bent on hurting our children -- nothing that probation, parole, or law enforcement -- as long as he is free -- is going to stop it," says Scott Kernan the Undersecretary of Operations for the California Department of Corrections and Rehabilitation.

According to state officials, there are an estimated 70,000 sex offenders living in California with about 7400 of them on parole. Taxpayers pay $60-million a year for them to be monitored.
*Much More At Link! (6-page article!)

Video: Parole Questions 3/31/10 3:29
While convicted sex offender John Gardner was on parole, he was considered to be a very low threat to the public. Now lawmakers want to know why.
http://www.sandiego6.com/mediacenter/[email protected]&navCatId=5

Related video...added for reference!
Video: Tracking Sex Offenders 2:14
A law giving stronger punishments and restrictions for sex offenders was overwhelmingly approved by voters in California. 11/3/07
http://www.sandiego6.com/mediacenter/[email protected]&navCatId=5

Read part 1 of the John Gardner prison file (6.0MB)
http://www.sandiego6.com/media/lib/...2-a69e-219d3a4bc058/Gardner_central_file1.pdf

Read part 2 of the John Gardner prison file (6.1MB)
http://www.sandiego6.com/media/lib/...e-9f55-95da0db88115/Gardner_central_file2.pdf

Read the John Gardner criminal complaint (1.6MB)
http://www.sandiego6.com/media/lib/...b4ab9a900be5/CD225886_John_Albert_Gardner.pdf

Megan's Law Website
http://www.meganslaw.ca.gov/index.aspx?lang=ENGLISH

Article:
http://www.sandiego6.com/news/local...-Bernardo-jogging/zTLAKar0XUGyf78trbfHvg.cspx
 
It's time to unfold the eyes of Lady Justice
Published: March 23, 2010
Updated: March 26, 2010 1:25 p.m.
<snipped>
Is the problem in the criminal justice system, or could it be in the social structure of our society, where there are more excuses for lack of accountability? Should the goal of the criminal justice system to be the conviction of the guilty, fair trails for all, or the elimination and reduction of such brutal crimes?

On the other hand, if fair trails are the goal, and crime still dominates, then how could we maintain our confidence?

We live in a country that has shown concern for other nations' lack of fairness and harmful cultures and customs. Perhaps it is time to rethink some aspects of the infrastructure of our traditional criminal justice system.

In memoriam of Chelsea King, Amber Dubois, and Lily Burk.

Article:
http://www.ocregister.com/news/criminal-240616-justice-ribbons.html
 
Radio station KFI Los Angeles has researched the case against John Gardner and posted many documents related to his case:

http://www.kfi640.com/cc-common/mainheadlines3.html?feed=153218&article=6978166

1. Original court documents and complaint against John Gardner after the attack on a 13 year-old girl. 2. Gardner's prison file reveals his behavior while in prison and how he interacted with other prisoners. 3. More of Gardner's prison files including statements from prison guards about Gardner's daily activities. 4. A typed letter from Gardner to his mother while in prison. One name was redacted for protection.

5. Gardner's initial probation report from 2000. 6. A handwritten letter from John Gardner to his latest girlfriend -- Jariah Baker. 7. Page two of the letter to Jariah. 8 - Page three of the letter including Question & Answers. It appears the girlfriend read the letter, then wrote questions for Gardner. Some names were covered for protection.

9. Another handwritten letter that appears to be written by someone other than Gardner. 10. A copy of a recent medical visit. 11. A collection notice from the property management company for the apartment where Gardner and girlfriend, Jariah Baker, once lived.

12. A copy of a search warrant issued for one of the places Gardner was known to stay. 13. Close-up of items wanted by law enforcement. 14. Page two of the search warrant. 15. A close-up of page two, listing more items that investigators are looking for.

16. A copy of a receipt listing items taken from the area -- some names were covered for protection. 17. A copy of another receipt with a list of items taken in a search warrant. 18. A close-up of the receipt for items taken in a search warrant.

19. The homepage of John Gardner's MySpace page - A violation of Gardner's parole. 20. Jariah Baker's MySpace. 21. One of the few friends Gardner had on his MySpace homepage. Note the age of the girl. Not only was Gardner not allowed to use a computer, he was not allowed to interact with teenagers. 22. A picture of Gardner and Jariah Baker from a Facebook account.
 
Interviews of offenders cut sharply
Critics say the change in policy may be illegal
Sunday, April 4, 2010 at 12:07 a.m.
<snipped>
The mental health experts who help decide whether convicted sex offenders are too dangerous to be released from custody used to rely heavily on face-to-face interviews.

They would travel to the prison, sit across a desk from the inmate in a tiny office and ask deeply personal questions about parents, siblings, puberty, sex. Many say it&#8217;s the best way to understand what makes someone tick.

Now the experts are more likely to sit at home and look at an inmate&#8217;s records on a computer screen.

That shift in policy may be illegal, critics say. It has prompted a local assemblyman to ask for a government audit and has raised concerns about the effectiveness of a program designed to protect the public from what are known formally as sexually violent predators.

&#8220;It&#8217;s gone from a very well-functioning program to just a disaster,&#8221; said a sex-offender evaluator who has worked on the program since its inception in 1996. She asked to remain anonymous for fear of losing state contracts. &#8220;The whole program is in disarray.&#8221;

Nancy Kincaid, a spokeswoman for the state Department of Mental Health, which runs the Sex Offender Commitment Program, denied that the new policy is illegal or that it has affected the quality of the evaluations. She said about 40 percent of the inmates refuse to be interviewed anyway.

Johnson said evaluators who refuse to do record reviews on ethical grounds face a backlash. The evaluator said there&#8217;s pressure from department administrators to find that an inmate isn&#8217;t dangerous.

Kincaid called those allegations &#8220;patently false.&#8221; She said evaluators are encouraged to get whatever records they need to render an opinion and, if in doubt, can pass an inmate along to the next level of scrutiny, which includes interviews.

The evaluator acknowledged that she stands to gain financially if the program returns to more full evaluations and fewer record reviews. Some did very well under the old system.

In the first year after Jessica&#8217;s Law passed, the program raised the flat rate for evaluations from $2,000 to $3,500 to entice the 70 private-contract experts who perform them to do more and reduce a backlog.

About a dozen of them ended up making more than $500,000 that year, and at least one made more than $1 million. The latest contract still pays about $3,000 for clinical evaluations. The flat rate for a record review is $75.
*Much more at link!

100404offender_t352.jpg


Article:
http://www.signonsandiego.com/news/2010/apr/04/interviews-of-offenders-cut-sharply/
 
Information control key in high-profile crime cases
Sunday, April 4, 2010
<snipped>
When providing information about the string of attacks against a Hemet-based gang task force, Lt. Duane Wisehart said he tried to provide just the facts.

But the story then grew and the number of reporters calling for information and interviews kept climbing. The story was becoming a national, the subject of segments on CNN and Fox News, and politicians &#8212; some who are running for higher office &#8212; were adding their sometimes fiery rhetoric to the discussion.

&#8220;It has kind of got way out there,&#8221; said Wisehart, who served as the public information officer for the Hemet Police Department. &#8220;You want to provide accurate information, but some people take it too far.&#8221;

Wisehart bristled at those who suggested the release of information was done to scare the public and get the community to pressure elected officials to roll back or stop budget cuts aimed at the police department. He said an on-line blog has already been posted supporting that idea. &#8220;That is ridicules,&#8221; Wisehart said.

Peterson, with the public information association, said releasing information &#8220;up front&#8221; will make it easier in the long run. She related a story of a child who breaks the window of a neighbor and debates whether to tell her parents. She said it is better for the child to tell her parents rather than waiting for the neighbor to say something.

&#8220;No matter what, it&#8217;s better to get the information out there,&#8221; she said.
*Much more at link!

Article:
http://www.sdnn.com/sandiego/2010-0...cases-how-much-info-to-release-is-a-key-issue
 
Dogged faith in these trackers
The family of Amber Dubois say the two canines who searched for the teenager were close to finding her. But bloodhound handlers are skeptical.
April 05, 2010
<snipped>
The fliers for Amber Dubois were posted across Southern California, volunteers scoured fields and parks, police followed hundreds of tips -- but six months after the teenager's disappearance, her family still had no answers. Then search dogs Quincy and Jack were put on the case, tugging their handlers down the same streets Amber strolled the day she vanished, and hopes lifted. It didn't matter that some scientists and dog handler associations considered it highly improbable that canines could trace a human scent months old,or that Quincy and Jack weren't bloodhounds, the typical tracking breed.

Last August, Quincy, a yellow Labrador, and Jack, a German short-haired pointer, led the handlers 20 miles from Amber's suburban home to a remote Indian village, where the dogs went into an alerting frenzy. Her family thought it could mean only one thing: Amber. "We believe in those dogs," said Amber's father, Moe Dubois, an electronics engineer. "We've seen it firsthand." But police apparently weren't convinced. They shut down the canine search, and the case grew colder.

Six months after the dogs departed, authorities found Amber's skeletal remains on a scrub-covered hillside in northern San Diego County, about two miles from the Indian village.

The handlers, Sarah Platts and Julie R. Jones, partners at Virginia-based VK9 Scent Specific Search and Recovery Unit, say their highly trained dogs possess specialized skills that have made believers of many families and police agencies. "It's a revelation for some folks," said Platts, 48, adding that her volunteer organization has helped authorities gather evidence on numerous murder and missing-person cases.

Dog handler organizations are skeptical. Their profession, members say, has been undermined over the years by handlers claiming amazing crime-busting abilities who were later exposed as frauds. They say Quincy and Jack's work was an incredible coincidence or a calculated hoax.

Article:
http://articles.latimes.com/2010/apr/05/local/la-me-dogs5-2010apr05
 
Rules could have returned suspect to prison
Officials routinely ignore regulations, critics say
Monday, April 5, 2010 at 12:04 a.m.
<snipped>
During a 1992 traffic stop in Sacramento, eight-time convict Glen Cornwell was arrested in a car with a knife, a gun, some marijuana and rock cocaine. Normally, that&#8217;s big trouble for a parolee. But instead of returning to prison, Cornwell remained free. Months later, he killed William Reagan outside his check-cashing job over a satchel of money. Cornwell was sent to death row. Parole officials promised reforms that were named for Reagan&#8217;s outraged daughter, Robin.

The Robin Reagan rules could have landed John Albert Gardner III back in prison while on parole for a 2000 molestation conviction, subjecting him to additional GPS monitoring and screening as a sexually violent predator who could be held indefinitely in a state hospital.

Critics say budget-conscious prison officials routinely ignore the Reagan rules, which gave agents and supervisors less discretion and left more decisions to the Board of Parole Hearings. There are 15 rules that apply to all parolees, and three additional rules for serious offenders such as Gardner. &#8220;If you are a serious and violent offender, any behavior even as small as spitting on a sidewalk must be referred to the board,&#8221; said Assemblyman Jim Nielsen, the Tehama County Republican who pushed through the rules while serving as the parole board&#8217;s chairman in the 1990s.

&#8220;Six out of the seven times (Gardner) violated parole, he was not referred to the board,&#8221; Nielsen said. &#8220;The seventh time he got tender, loving care. Those failures are illegal, and they happen tens of thousands of times.&#8221;

The Robin Reagan rules were designed to prevent cases such as the 1993 murder of William Reagan, who was shot in the neck by Cornwell six months after the parolee&#8217;s encounter with Sacramento police. According to the regulations, &#8220;any criminal conduct&#8221; or &#8220;repetitive parole violations&#8221; can subject parolees to a board hearing instead of a review by field agents or administrators. Before the Reagan rules, agents had more discretion.

State prisons house more than 165,000 inmates in a system designed for about half that number. A federal court ordered Gov. Arnold Schwarzenegger to reduce the capacity by building more prisons or releasing up to 40,000 prisoners, but the governor appealed that ruling. In the meantime, he launched programs aimed at lowering both the prison and parolee populations. Last week, a crime-victims group sued the state to stop the early release of thousands of inmates.

Anthony Caso is a Sacramento attorney who represented Robin Reagan in her 1993 complaint. He blamed a lack of resources for the prison agency&#8217;s failure to fully adhere to reforms named for his client. &#8220;We can write all the laws and regulations and studies we want,&#8221; Caso said. &#8220;But there&#8217;s going to be another budget crisis down the road where somebody thinks it&#8217;s more important to save a few bucks rather than return a parolee to prison.&#8221;

Reagan dropped her claim against state parole agents in 1995 after then-prisons chief James Gomez agreed to endorse the tough new regulations. In a letter to the murder victim&#8217;s daughter, Gomez said he had ordered new training and policies for agents that would &#8220;re-emphasize public safety as the overriding concern in all parole-revocation decisions,&#8221; The Orange County Register reported at the time.
*Much more at link!

The Robin Reagan rules could have sent John Albert Gardner III back to prison for a parole violation.
100403parole_rules-1_t352.jpg


Online Document: Read The Robin Reagan Rules:
http://uniontrib.com/docs

Article:
http://www.signonsandiego.com/news/2010/apr/05/parolees-rules-could-have-sent-suspect-back-to/
 
New Sex Offender Notification Program Approved
Last Update: 4/07 7:09 am
<snipped>
Riverside County residents will soon have a new high-tech way to track sex offenders who move into their neighborhoods. Currently, people can track registered offenders via the Megan's Law website, but the Riverside County Board of Supervisors approved Tuesday a new way to alert residents when offenders relocate via a County website and notification system.

Supervisor Jeff Stone and District Attorney Rod Pacheco sponsored the S.P.I.R.I.T program-- which stands for sexual predator identification in Riverside County via internet tracking. "The program is a proactive approach to monitoring sex offenders in Riverside County through a new mapping and tracking system, viewable by the general public, via the District Attorney's Web site," said D.A. spokesman Ryan Hightower.

The main purpose of the program is to let people know when a sex offender moves into a new neighborhood through the D.A.'s website-- while also utilizing both e-mail and traditional mail notifications.

The supervisor added that in light of the recent tragic deaths of Chelsea King and Amber Dubois in the San Diego area, "we can always do more" to protect the public. A convicted child molester, John Gardner, has been charged with killing Chelsea King.

The D.A.'s office tells KPSP Local 2 that this new program will be up and running within the next several weeks.

*Video Included In Article: Instant Notification Of A Sex Offender In Your County

Riverside County District Attorney Website
http://www.rivcoda.org/

Article:
http://www.kpsplocal2.com/Content/T...-Program-Approved/0Ll5_FLFsUyvuFB2zIxiTg.cspx
 
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&#8217;s sex offender laws. A feature published today is called &#8220;No Quick Fix.&#8221; And I&#8217;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/
 
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&#8217;s seven months longer than previously known &#8212; a timeline now acknowledged by state parole officials, though not apparent from incomplete records previously released. Gardner&#8217;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 &#8212; until a new parole agent took over Gardner&#8217;s supervision.

Parole official Margarita Perez was asked about it at a legislative hearing in Poway last week. &#8220;It&#8217;s important to understand he was approximately 2,100 feet away,&#8221; Perez said. &#8220;It&#8217;s not like he was across the street.&#8221;

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&#8217;s a predator&#8217;s paradise. &#8220;That they allowed him to be there is just unbelievable,&#8221; said Mattson, whose sons, now grown, went to the area&#8217;s public schools. &#8220;It seems unconscionable that he was there, steps away from vulnerable girls.&#8221;

Scott Kernan, the corrections department&#8217;s undersecretary of operations, said the second agent erred at the time. Perez, deputy director of the state&#8217;s Division of Adult Parole Operations, said the relevant law &#8212; Penal Code section 3003(g) &#8212; 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&#8217;s discretion, and that any violation would be weighed against the conditions that are being followed. &#8220;I don&#8217;t know how instructive it is for us to try to explain or justify why they misapplied these laws,&#8221; Kernan said.

parolemap_t352.jpg


GARDNER TIMELINE
*May 31, 2000:Pleaded 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&#8217;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 &#8220;maintained a stable residence&#8221; 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, &#8220;I&#8217;m poor, homeless and living in my truck.&#8221;
*March 3, 2010:Pleads 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/
 
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