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Forum: In the News
Thread (Discussion): [Gainesville Sun] Plea deal that let sex offender keep address near school
Message 152612
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Posted by admin
on May 28, 2005 11:03 PM | Also by admin
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Discuss the article Plea deal that let sex offender keep address near school, by Lise Fisher, which appeared on Gainesville.com on May 28, 2005.
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Message 152627 (In Reply to Message 152612)
Posted by orolan
on May 29, 2005 05:59 AM | Also by orolan
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Interesting case. I am aware of a few sex offender probationers in Florida who have had various of these so-called 'mandatory' conditions waived by their sentencing judge.
The case Sieg cites, saying there is no judicial discretion, is out of a different appellate district and is not binding precedent in this area, said University of Florida law professor Chris Slobogin. "One appellate court clearly said the condition is mandatory, but that decision does not necessarily apply in this appellate district," he said.
Nope. But when an appellate court rules contrary to a previous ruling in a sister circuit, that court is supposed to certify a conflict and bounce it up to the state Supreme Court for a ruling. Apparently nobody bothered.
Also pending against Greathouse is a charge for a violation of probation regarding his going out of range of his tracking device. The charge was filed in mid-May after the judge issued his notice.
DeThomasis said he is questioning whether the GPS device was malfunctioning.
That won't be hard to prove. Those who seek out such information have found a myriad number of situations where GPS trackers were in error. Some by as much as 3,000 feet. Keep in mind also that the Fed, controller of the entire satellite system, purposely reduces the accuracy of the 'public' sytem so our enemies can't figure out just how accurate it really can be for military usage. That built-in variance has to be considered in deciding just how far a person strayed. Thing is, we don't know what it is. Because then it would be simple math for spies to know how accurate it can be;-))
So if they vacate his plea, he gets to take it to trial. Which the family doesn't want. And it will no doubt take a Supreme Court ruling on the mandatory nature of the conditions before he'll accept a withdrawal of the plea. And if the SC rules the conditions are mandatory, there are going to be thousands of invalidated plea sentences. No doubt DP1 has a few of those. Some may be near-impossible to bring to trial. Some may simply be released from supervision outright, depending on how long they've been on.
Looks like it may be time for these neighbors to jump on the national bandwagon and buy the guy out. Give him $1,000,000 for his house and I bet he'll move out into the countryside faster than the ink will dry on the closing documents:-))
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Message 152762 (In Reply to Message 152627)
Posted by 1dadof5
on May 31, 2005 04:50 PM | Also by 1dadof5
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Keep in mind also that the Fed, controller of the entire satellite system, purposely reduces the accuracy of the 'public' sytem so our enemies can't figure out just how accurate it really can be for military usage. That built-in variance has to be considered in deciding just how far a person strayed. Thing is, we don't know what it is. Because then it would be simple math for spies to know how accurate it can be;-))
there are actually 3 different systems in use over the US at this time.
the first system and the one with the biggest variance is the system mandated by the FEd to be used for the tracking of sex offenders and also ironically the one used by 911 for cellular phone tracking.
It has a variance of about 300+ yards on any given day. the reason it can be made more accurate for the purposes of driving instructions is that when placed against a map grid, it targets the road or street that the target is supposed to be on and may not reveal the road a person is actually on. it depends on user information to close that gap. Onstar and homelink use a newer system owned by Hughes, but also used by the military with a variance of about 100 ft. the thrid system currently being deployed is wholly controlled by the military and was develpoed by my old employer. it is not used by anyone other than the military and is part of the main communications system used by the military. it is accurate 95% of the time within inches. and the other 5% with 50 ft(which explains why some of those GPS bombs sometimes hit a mosque or innocent residence rather than thier target.
Point is, the system used by corrections needs to have an alternate way to verify a violation occured since a good lawyer could exploit those flaws when the violation is speculative
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152612, admin, May 28, 2005 11:03 PM [Introduction]
152627, orolan, May 29, 2005 05:59 AM
152762, 1dadof5, May 31, 2005 04:50 PM
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