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Sex Offender Two-Step: Those (Pricey) Revolving Prison Doors

Crime Victims Media Report is back, after an unexpected hiatus.  Some updates:

Loc Buu Tran

A reader informs me that Loc Buu Tran, previous granted probation for a kidnapping and sexual assault in Clearwater, Florida has finally been convicted of murder in Orlando, after his trial for slaughtering his girlfriend was repeatedly delayed:

Another appeal in the making, yes, but a little light filters through this cloudy justice journey. Today, Loc (Anthony) was judged “guilty, 1st degree murder”. His jury found fourteen stabs a bit zealous for simply giving her the head’s up that he was in control.

Jo Frank

Loc was convicted of sexual battery, kidnapping, and obstruction of justice in 1998.  The woman he kidnapped and raped had “rejected him.”  For this shockingly violent crime, he got . . . a get out of jail free card by some sympathetic judge who probably believed it was merely an acting-out-sort-of-kidnapping-and-rape-thing.  Two years probation for sexual assault and kidnapping.  They probably apologized to him for his inconvenience.

In 2001, the state had another chance to punish Loc and protect women when he violated his probation by committing multiple acts of credit card fraud.  Consequently, he faced prison time for the sexual assault, along with the new charges.  But instead of taking into consideration his new status as a recidivist, another judge gave him another “first offender” chance and telescoped down all his charges to one sentence.  You can guess what happened after that:

[A]fter letting Tran get away with a known rape for four years, then catching him violating his probation with several other charges, then sentencing him to an absurdly short prison term . . . [t]he State of Florida let him go early, after serving only 26 months of a 38 month sentence.

They also apparently trash-canned the rest of his probation, for good measure.  It’s all about prisoner “re-entry,” you know.  Probation’s a drag.  How dare we ask judges to enforce the law when rapists need to be rehabilitated back into society and given job training and that all-important-help getting their voting rights reinstated (Florida Governor Charlie Crist’s weird hobbyhorse)?

As we know now, Tran “re-entered” society with a bang.  A slash, really, stabbing [another] young woman to death when she tried to break up with him.   Given the court’s repeated bungling of his case this time, you have to wonder if he’ll ever really be off the streets.

Well, he is now, at least until the defense attorneys manage to find the golden key that sets the rapists free.  When Floridians pay property taxes this year, they should remember that they’re now bankrolling Loc’s endless appeals.

I’ll be writing that in the subject line of my check.

Maybe it would be cheaper if we just let him go again, like all the anti-incarceration activists chant.  Of course, they’re also the ones making it so expensive to try people in the first place.  CourtWatcher Orlando, which witnessed Tran’s trial(s), has more to say about the way defense attorneys ran up costs at his trial.  Tran committed murder in 2006.  A few months ago, after the state finally got around to trying him, his trial was suspended because the judge realized Tran had been her client earlier in his epic crawl through the courts.  Responsibility for this mess-up can be laid directly at the feet of the defense bar, which has made prosecuting any defendant so mind-numbingly drawn-out and irrelevantly complicated that the courts can’t cope with even an obvious murder like this one.  Every delay is a victory for the defense bar, which tries to make trials as expensive as possible in order to bankrupt the system.

Then last month, Tran’s trial was postponed again because a translator got sick.  That means dozens of people on the state payroll, and all the jurors who had reorganized their lives to do their duty to society, and the traumatized family members and witnesses, were all left twiddling their fingers for the second time in a row.  Yet CourtWatcher is reporting that Tran didn’t even need a translator.

And, of course, we paid for the translator.  If we had not paid for the translator, that would doubtlessly be grounds for appeal, even though Tran didn’t need a translator.  Nevertheless, I predict that something relating to the translator will be appealed anyway, just because it’s there.  All this costs money.  Our money.

Instead of letting convicts out of prison early to save money, state legislators should be taking a hard look at the ways the defense bar wastes our money, all in the name of some people’s utterly manufactured version of “rights.”  It’s another must read from Orlando, here.

~~~

Meanwhile, in Georgia, Michale Coker writes to report the capture of Charles Eugene Mickler, one of the absconded sex offenders featured in a story in the Atlanta Journal Constitution:

You will be happy to know Mickler is currently in the Gwinnett County Detention Center on a probation violation. This weirded me out since I know this guy. Oddly enough it was Need To Know* publications where I discovered he was wanted.

Charles Eugene Mickler

*Need To Know is one of the for-profit broadsheets detailing offenders.  It is not on the web but sells in hard copy.

Mickler does not appear to have served any time in prison for his 2007 sexual battery conviction.  Then he absconded.  Of course, the story in the paper didn’t raise the question of why someone convicted of sexual battery was not imprisoned for the crime.  Instead, the reporter wrote that the public need not worry about all those absconded sex offenders because they generally “just” target people (ie. children) they know.  Except for the ones who didn’t, as I detail here.  See my original post here.

How many of those absconded sex offenders have been located?  The media already answered that question.  The answer goes something like this:

How heartless of you to believe these men should be monitored, you vengeful hysterics!  I’m not telling.

In fact, the only coverage, to date, of these 250 absconded sex offenders has been the one story focusing on scolding the public for caring that these men have violated parole and gone hiding.

Policing public sentiment is so much more important than policing sex offenders, you know?

~~~

Until it isn’t:

Chelsea King

King’s parents, at a vigil, after her body was found.

John Albert Gardner, who is being held in Chelsea King’s murder, is a convicted sex offender who had been given an easy plea deal for a prior sex offense.  He could have served 30 years in prison but was released in five, instead, against the recommendations of psychiatrists, who said he was a high risk to attack more little girls.

But, hey, California saved some money cutting him loose instead of incarcerating him, didn’t they?  And prisoner re-entry is so important.

Now Gardner is also being investigated in other horrifying crimes.  Isn’t there a different end to the story?

According to the Riverside County Sheriff’s Department, a 16 year old girl, walking to a friend’s house in Lake Elsinore, said a man pulled over and asked her for directions. She told police he asked if she was a virgin, showed a gun, and tried to force her into the car. She ran away. This happened in October 2009.

At the time, Gardner was not registered as a sex offender in Riverside County because he was living in San Diego County, said John Hall, with the District Attorney’s office.  Gardner registered in Riverside County, in January, when he moved to his grandmother’s house near Lake Elsinore.

Escondido police are trying to figure out if Gardner is responsible for the disappearance of a 14-year-old Escondido girl.

Gardner is also a suspect in the case of a 22-year old girl who was attacked in the same area where King’s car was found.

Gardner had already admitted to molesting a neighbor girl back in 2000. According to court records, he had lured her over with a movie.

King’s parents are planning a memorial. During an interview, King’s parents expressed concern that Gardner was released from jail after serving only five years, despite a psychiatric evaluation that recommended he stay locked up for 30 years.

John Gardner

Disturbed enough, yet?  Here is more disturbing information:

As recently as November 2009, Gardner registered as a sex offender at an Escondido address two miles from the school.

People living at the Rock Springs East condominiums said they were shocked to learn Gardner had lived in their building.

A woman with small children who lived next door to Gardner and recognized him from photos posted online over the past few days said he lived with a blond woman and two toddlers.

The former neighbor, who didn’t want to give her name, said teenagers, both male and female, often came over to play video games at Gardner’s apartment. She said she could hear the loud games through the walls.

She and other neighbors said Gardner had moved out about six months ago.

In 2000, Gardner was convicted of a forcible lewd act on a child and false imprisonment after he took a 13-year-old neighbor girl to his mother’s home in Rancho Bernardo. The girl accused him of repeatedly punching her in the face and touching her private parts.

A psychiatrist who interviewed him in that case said he would be a “continued danger to underage girls” because of the lack of remorse for his actions.

Prosecutors initially charged Gardner with more-violent sex crimes that could have resulted in a sentence of more than 30 years because the terms would have been served consecutively. He was sentenced to six years in prison as part of a plea agreement and served five years before he was released in September 2005. He completed probation in 2008.

In 2000, Gardner didn’t go out and attack a stranger: he targeted someone he knew, a 13-year old neighbor, to be precise.  If Gardner had lived in Georgia, that would qualify him for the “don’t worry, those absconded sex offenders only target people they know” category.

Until they don’t.  And what does it matter anyway, except as an idiotic argument by people who can’t stop justifying the behavior of sex offenders and opposing sex offender registries?  Gardner’s record illustrates a disturbing point that anti-registration types never acknowledge: it takes real nerve, and a real lack of worry over consequences, to target children who know you and can identify you.  Maybe people should be more worried, not less worried, about child molesters who know their victims.  Unlike anti-incarceration activists, child rapists don’t worry so much about the distinction.  They go after children they know, and they go after children they don’t know: one is just easier to access than the other.

Although the real solution would have been to never let Gardner out of prison again, once the sick coddle of California justice cut him loose, DNA database laws and sex offender registration probably saved some lives, including the lives of the little girls whose mother was shacking up with Gardner.  How could any mother let some man move into her house, with her two young children, without checking to see if he shows up on a sex offender registry?

If you know a co-habitating mother who hasn’t checked her partner’s background, do it for her.  Today.  The world is full of sex offenders cut loose by some judge or prosecutor or parole board.

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