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Online Sex Offender Database Leads To Murder?
nem75 writes "The LA Times reports on the story of Michael A. Dodele, a convicted rapist, found murdered in a Lakeport trailer park. He moved there after having been released from prison just 35 days before. A 29-year-old construction worker has been arrested in the attack, and explained that he killed Dodele to protect his son from child molestation. He found out on the internet about Dodele being a sex offender, via the 'Megan's Law' database. The public entry for Dodele in the database was wrong — though he was found guilty of committing crimes against adult women he was not a child molester. Dodele's entry in Megan's Law DB has been removed." Update: 12/11 15:51 GMT by Z : Moved link to non-reg article.
Megan's Law listing may have led to slaying
," the neighbor said. "He said [Dodele] can't be around here."
Lake County Sheriff
Ivan Garcia Oliver 29, has pleaded not guilty to charges of first-degree murder, burglary and elder abuse.
Lake County prosecutors have investigated the possibility that information in the Internet database might have been the motive for the killing of a convicted sex offender.
By Maria L. La Ganga, Los Angeles Times Staff Writer
December 10, 2007
LAKEPORT, CALIF. -- Convicted rapist Michael A. Dodele had been free just 35 days when sheriff's deputies found him dead last month in his aging, tan mobile home, his chest and left side punctured with stab wounds.
Officers quickly arrested Dodele's neighbor, 29-year-old construction worker Ivan Garcia Oliver, who made "incriminating comments, essentially admitting to his attacking Dodele," the Lake County Sheriff's Department said in a statement.
Prosecutors said they have investigated the possibility that the slaying of Dodele, 67, stemmed from his having been listed on the state's Megan's Law database of sex offenders. If so, his death may be the first in the state to result from such a listing, experts said.
Oliver pleaded not guilty to charges of first-degree murder, burglary and elder abuse when he was arraigned Nov. 30.
In a jailhouse interview Wednesday night, Oliver said he has a son who was molested in the past, and he took action to protect the child.
"Society may see the action I took as unacceptable in the eyes of 'normal' people," Oliver said. "I felt that by not taking evasive action as a father in the right direction, I might as well have taken my child to some swamp filled with alligators and had them tear him to pieces. It's no different."
Although Oliver did not say he killed Dodele, he said that "any father in my position, with moral, home, family values, wouldn't have done any different. At the end of the day, what are we as parents? Protectors, caregivers, nurturers."
In fact, Dodele was not a child molester. But a listing on the Megan's Law website could have left Oliver with the impression that he had abused children because of the way it was written.
Although Dodele's listing has been taken down since his death, a spokesman for the state attorney general said the site described the man's offenses as "rape by force" and "oral copulation with a person under 14 or by force."
"He was convicted of other bad things, but nothing involving a minor," said Richard F. Hinchcliff, chief deputy district attorney for Lake County. But "it would be easy to understand why someone might think so looking at the website."
Dodele's crimes involved sexual assaults on adult women, records show.
A neighbor at the Western Hills Resort & Trailer Park, a tattered collection of mobile homes and bungalows, said that two days before the killing, Oliver "told every house" in the park that he'd found Dodele listed on the website of convicted sexual offenders and was uncomfortable living near him.
"He looked it up on the computer . . .
The park resident requested anonymity because of a fear of reprisal, but reported Oliver's visit and statements to sheriff's deputies after the slaying. "A lot of people told them" about Oliver's claims, the person said.
Officials in Lake County -- a patchwork of wealth and poverty, vineyards and mobile home parks just north of Napa Valley -- would not offer a motive for the killing.
Hinchcliff acknowledged, however, that one possible motive investigated by the district attorney's office was that Oliver knew Dodele was on the Megan's Law list and did not want him as a neighbor.
According to court documents, Dodele committed his first offenses at age 15 and spent the last two decades either in prison or at Atascadero State Hospital receiving treatment.
His last attack was the 1987 knife-point rape of a 37-year-old woman on a Sonoma County beach.
Those were the charges
I'm conflicted. On the one hand I'm against these databases; once you've served your time you should be a free man in every way.
On the other hand, the responsiblity for the murder is solely on th eman who committed the murder. Ironically one of the victims of this murder is the very child the murderer was trying to protect, who will grow up without a father.
On the third hand*, maybe the kid's better off without a violent dumshit like that around.
-mcgrew
*The Mote in God's Eye, Larry Niven and Jerry Pournelle
mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
Another victory for hysterical knee-jerk legislation.
The media and the government have worked for the past few decades to make sure that everyone lives in fear of everything all the time. These sex offender databases are part of that. There have been sexual predators for as long as there have been people. Attacks have always been relatively rare, and most people will never be victimized. However, you put these lists and databases out there, people see that a sex offender lives near them, and they freak out.
We are constantly bombarded with reports of what we should be afraid of this week ("find out about the new threat that could kill your children, tonight on 9 news at 10!"). We have also been conditioned through the use of these databases and sensationalist segments like "To Catch a Predator" to believe that everyone ever convicted (or even accused) of a sex crime of any kind is out to get our children. Given all this, it's not at all surprising that someone would snap and do something like this.
Nobody deserves rape. You should be thankful that most of society does not share your sense of justice.
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Well, at least they have removed his erroneous entry from the database. Hopefully, that will ensure that he is not murdered twice.
I was gonna mod you up to save you from obtuse mods, but you're AC. Your point, nevertheless, is right on target.
Things like the police and civil society were formed to protect us from each other. When you stick something up like a db of criminals and their houses, you effectively remove this protection, and create a society of fear, which becomes a society of hate.
But to make time for RIAA-orchestrated police raids, I guess you need to relieve the police of some of their responsibilities.
can anyone give a reason why ALL people convicted of ANYTHING aren't in a database? Since privacy is no longer important when it has to compete with safety on any level, why give it even a token protection? I'm all for protecting children from child molesters, but don't you also have a "right" to know if a convicted car thief lives in the neighborhood? Why can't you look up your new neighbor and find out that he shoplifted a package of underwear 12 years ago? Don't you have a right to sleep soundly at night? Why do we need to know that a child molester lives in the area, but not a convicted murderer? How about drug offenses? Shouldn't we just put all criminal records online? Isn't public safety more important than the "privacy" of criminals?
And this, ladies and gentlemen, geeks and trolls, bots and overlords, is why privacy is important.
At least, that was my first thought. Then I realized that it doesn't have too much to do with privacy per se. After all, it doesn't matter if the data about the victim of the murder were accurate. It could have been entirely made up. Then, it's not really about privacy anymore, but about what people write about others, and how people react to that.
I recently moved into a new city. It would be easy for someone to tell the people in my new neigborhood that I am a child molester. If there is a respectable-looking website for posting this kind of information (and I'm sure there is), they could put a post up there for extra credibility. Doing so would be wrong, because I am not a child molester (of course, that's just me saying that, but just accept it for the sake of argument).
Then, someone might read the aforementioned post and conclude that I am, in fact, a child molester. That would be wrong, because they would have arrived at that conclusion by blindly believing what was written about me, without checking the facts. If they had checked the facts, they would have found that the claim was completely baseless.
Now let's assume that someone did, in fact, buy the claim that I am a child molester. Remember, they did so without checking the facts, the claim is baseless, and I am actually _not_ a child molester. But they think I am, and kill me to protect their child.
Mr. Dodele's case could be seen as a privacy case, because the information in the database supposedly was based on things he actually did. But in my (hypothetical) case, the claims were completely fabricated.
I think the real problem here is not that privacy is being violated, but that people (1) kill, and (2) do so without being sure their victim is actually guilty of the things they kill them for.
Assuming that the killer really did kill to protect his child, I think he did her a nice disservice - now she will have to live with the fact that her daddy is a murderer and an idiot, and probably an inmate, too.
The message I would like to send is (1) take everything with a healthy dose of scepsis, and (2) avoid doing things that are irreversible.
Have a nice day.
Please correct me if I got my facts wrong.
Not to defend anyone, but just to pose a question.
If you are 18 and are going out with a 17 year old and you're a monster, what are you if you are 17 and going out with a 16 year old? What are you if you are 18 1/2 and dating someone who is 17 3/4? In three months, you'll both be "18". I guess we could ask if you are 18, just about to turn 19 and you are going out with someone who just turned 18, what are you then. And then why is it okay for a 45 year old man to marry a 35 year old woman? What is this thing that happens to a person's mind during that day just before his/her 18th birthday through the day of his/her birthday? And what if you're just going out for ice-cream?
I'm just trying to figure out what "The Right Way" is. It is my understanding that 18 is a rather arbitrary age since voting, consuming alcohol (legally), and driving (legally) all have different ages associated with be able to perform said actions.
The "sex offender" registry hasn't prevented one crime against children, and has in fact caused more problems than it has solved.
From the US Department of Justice: 96% of female rape victims younger than 12 years old, knew their attackers. 20% were victimized by their fathers or step-fathers. 60% were victimized by another family member.
Sex crimes are the only crimes we continue to punish people after they've "paid their debt to society". We restrict their movement, restrict where they can live, and in many cases ensure through force of law that they never lead a normal life again.
If we, as a society, are convinced that child molesters are incurable, let's just keep them locked up. This idiotic list serves no purpose: if they are, indeed, almost certain to commit the crime again, why are we releasing them from institutionalization? If these people are "sick", let's transfer them from the penal system to the mental health system where they probably belong.
Well, why don't you tell me what is the benefit (to the public) of having a PUBLIC registry of convicted sex offenders (statutory rape anyone)?
The only reason for such registries, is to enact continuing lifelong punishment on the convicted criminal, even after the release, by virtue of harrassment by the members of the public who somehow have the free time to go browsing these databases (instead of taking care of their children).
What are you going to do if a sex offender moves next door to you? Have him evicted on a technicality? Torch his house? Stab him? Don't you think that whatever little chance there is of having this man re-integrate into society, will likely be ruined by this behavior? If you don't want to re-integrate this man into the society, then go ahead and lobby for life-sentences for any sex offense (18 sleeping with 17?)... or better yet - the death penalty. But if you take up the view that people can change, and can pay their debt to society, you have to accept your own conclusions.
But back to the main question - how is publicly-viewable registration going to increase public safety? Is it going to prevent a habitual rapist from raping? If not registering is a little crime, do you think that matters to someone who is pathologically going to commit far more severe offenses?
People may well be prejudiced. However stupid, that is their right except where limited by law. A bigger problem is differential privacy, where some people can hide things and others cannot. A boss might be less inclined to go after a gay employee if his own divorces and DUIs were equally public. Likewise for the cop.
If the guy who murdered him gets released in ten, twenty years he can move anywhere without ending up on a list or being forced to tell his neighbors of his past.
Its just a form of preemptive justice. He killed him before he hurt someone else. I only hope this justice prevails throughout society so no one ever has to be hurt again!
Barely escaped being labelled a sex offender because he pissed in a park near a school. He was really drunk and it was 2 am but he was going to be charged with (I forget exactly) "Exposing himself within fifty feet of a school." He got a good lawyer and got a lesser charge but his life was nearly ruined for a mistake he didn't even remember making.
It's hard to have sympathy for molesters and rapists but when you hear of people released from prison whose only option is to live under an overpass because that's the only place not near a child I do feel some sympathy. I mean, shouldn't the government designate an area childfree in each state that these guys can live? If not, just put them back in prison for the rest of their lives. It's more humane than under an overpass.
We should also make searchable databases for all those suspected or convicted of thief, buglary, murder, fraud, and any other felony or misdemeanor, and a list of who their neighbors were at the time, as well as their immediate family. Make it accessible to the public so everyone can see, we'd be so safe then that we wouldn't need the police anymore.
A Rabbi, a Priest, and a lawyer are on the Titanic having a lively discussion about God and the law when the boat hits an iceberg and starts sinking.
"Save the children!" the Rabbi exclaims.
"FUCK the children, the lawyer snarls.
"No time for that!" says the priest
-mcgrew
mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
It's happened already. In Philipsburg NJ, a couple of civic-minded @$$holes broke into a house to beat up a Megan's law listed sex offender - but the guy they beat up had nothing to do with any sex offense ever.
http://query.nytimes.com/gst/fullpage.html?res=990CE2D6153AF933A15751C0A963958260
This was an early case, and the county government screwed up - they took the extra step of delivering flyers to the neighborhood, freaking everyone out and thus whipping up a lynch mob. Nevertheless, the same principle stands. Yes, people have a right to know, but they don't have a right to pre-emptively use violence. Practical as well as moral reasons.
There's a reason why we give law enforcement to the police. They can make mistakes like anybody else - but who the hell knows what a fired-up, untrained, possibly psychotic random lynch mob can do, to *innocent people*?
The Invisible Hand of the Free Market is what punches workers in the nuts.
What are the odds of having two people in an apartment building that happen to have the same name? Well, it happened to me. First, last and middle initial. The other guy is a registered sex offender. Despite the two of us living in different apartments (A5 vs A7), I've had several people coming to my door looking for him. ... Including the local police.
Yes, even though the database of sex offenders has his address as A7 and has pictures (he looks nothing like me), the police insisted that I was a sex offender until I provided an ID to show we had different birthdates.
So now I have to worry about whackos trying to kill the other guy and getting me instead? Great.
The way it works here in Illinois, as far as I know, is that you have to register with the police. Residents can go to the police station and ask them who the registered sex offenders are in their area.
Which is where my problem with this law comes in. Being able to sidle into my den with a cup of coffee, turn on the computer, and find out who in my neighborhood is registered is a very different level of commitment than going to the police station. And it makes it possible for a whack job like this guy to find out that information without alerting police. No leads, then, when he kills the guy.
But that's not the full extent of my issue with it. My main problem is that you can't add things to someone's sentence after the fact. If you want to tell every sex offender from now on that they'll be on this list, that's fine. But to add someone who was convicted in, say, 1975 and spent ten years in prison is ethically wrong and quite possibly unconstitutional (under the 5th and/or the 14th amendments, perhaps). From a practical standpoint, it adds punishment after time served and could be argued to deny the convict of life (in this case), liberty, and even property (given that it's probably pretty much impossible to get a job if you're on the website).
There are a lot of dirtbags out there who are listed on the websites, and I do worry about them not only in general for society but for the safety of my own daughter. But dirtbags or not, you can't just tack more on to a sentence after they get out (sometimes years after they get out) because their crime is more repellent than most.
And I know, there is a higher chance of recidivism among sex offenders. So again, make it part of the sentence now. Eventually, all sex offenders will be on the website. Not a perfect solution if you're scared that you live near an offender, but if we start making exceptions to the law for hot-button issues, the entire concept of liberty is sunk anyway (for all of us, not just the sex offenders).
It is pitch black. You are likely to be eaten by a grue.
Cool! Do I have your permission then to go into your DMV file and obtain your social security number and address?
The point being of course that even public databases can have reasonable privacy protections in place. I fail to see why someones criminal record should be accessible to all after they have paid their debt to soceity. In the specific case of sex offenders, if they are so dangerous that we have to notify people when they move into the neighborhood, then why the fuck are they being released from prison?
Either they are that dangerous, in which case lock 'em up and throw away the key, or they aren't, in which case, WTF is up with being punished after you get out of prison?
I'd tend to be with the lock 'em up and throw away the key crowd as far as child molesters and rapists go.... but other sex "offenders" (teenagers having sex when one or both are under the age of consent) are also finding themselves on these lists. I don't see how any reasonable person can condone that.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
I'm not seeing anything in the OP about repeat offenses. He raped one 37 year old woman in 1987. He was not 15 at the time.
In other words, you did what the killer did.. misunderstood the crime and lept to assumption that this person was much worse then they are.
I view this Oliver as a far worse human being.... based off guesses and the excuse 'but my child was abused once!' this person is justifying murdering someone. And the sad, sick thing is many will probably agree with him and call him a hero (or even justified) when in reality he was a dangerous idiot who needs to be kept behind bars for a LONG time.
A rape is a terrible thing, but the guy was not sentenced to death for it,.... some yokle in a tailer park does NOT have the right to second guess the justice system and kill the guy anyway.
No matter how many people speak up and say that the punishment fits the crime (such as the jury that convicted these people in the first place), there will always be someone saying it doesn't go far enough. And who wants to go on record and side with the convicted sex offender? So punishments will get harsher and harsher, and there will still be people saying it's not enough.
Punishment is only part of the solution. Punishment feeds our hunger for retribution and revenge, but it's the least effective at actually solving the problem. Please don't forget about things like the scientific method, deterrence, rehabilitation and proactive assistance for potential criminals. Yes, some people will convict crimes after being released from the criminal justice system. Most will not. Is it really appropriate to punish those people just because they might commit another crime in the future? I've never been convicted of a crime, but 100% of those that are convicted of a crime had never been convicted prior to their first conviction, right? Why not suspect everyone of being a potential offender?
Every so often, someone does need to step up and say, please think of the sex offenders! What kind of a society are we giving our precious children? A suspicious, fascist, paranoid police state? Look at the big picture here.
I'm on the list for streaking my high school graduation. I was over 18 and there were people younger than 18 also graduating and in the audience.
My wife and I have to move around whenever sex offender laws get passed. It's to keep me away from schools. Dumb mistake in my life that really blows.