1,000 feet is 1,000 feet, right? Apparently not when measuring how far away sex offenders can live from parks and schools. An NBC2 investigation uncovers differences in the way the state and local law enforcement agencies measure that distance.
[FAC COMMENT: THANKS FOR MAKING A VERY VALID POINT FOR US. THESE ORDINANCES ARE VAGUE AND ARBITRARILY APPLIED, WHICH MAKE THEM UNCONSTITUTIONAL]
This law is all about distance, the amount of space between offenders and places like playgrounds. But we uncovered the distance changes depending on who is measuring.
Arturo Dominguez is a registered sex predator. He should not be living in his Cape Coral home.
[FAC COMMENT: HERE WE COME TO THE TAKING ARGUMENT – ‘HE SHOULD NOT BE LIVING IN HIS HOME’]
“2,500 feet is 2,500 feet,” said Detective Todd Kerns with the Cape Coral Police Department.
The problem is he is living closer than that to Pelican Elementary.
“Doesn’t matter if there’s a canal that separates the house,” said Detective Kerns.
[FAC COMMENT: RIGHT, THAT’S WHAT MAKES SO LITTLE SENSE. IT DOESN’T MATTER IF THERE’S A CANAL, AN EIGHT LANE HIGHWAY OR AN AIRPORT RUNWAY SEPARATING THE TWO POINTS, THEY ARE GOING TO BANISH PEOPLE FROM AREAS EVEN WHERE THE PATH IS COMPLETELY UNNAVIGABLE]
We headed to the house with Detective Todd Kerns to tell Dominguez he has to go.
[FAC COMMENT: THAT’S GREAT… YOU ARE KICKING PEOPLE OUT OF THEIR HOMES. THAT’S WHY THERE’S A HOMELESSNESS ISSUE. DON’T YOU KNOW THAT HOUSING STABILITY IS ONE OF THE ELEMENTS THAT REDUCES RECIDIVISM? YOU’RE MAKING THE COMMUNITY LESS SAFE? ISN’T IT BETTER TO KNOW WHERE THIS GUY IS RATHER THAN HAVE TO GUESS? HOMELESS REGISTRANTS ARE HARDER TO TRACK AND HAVE HIGHER INSTANCES OF ABSCONDING, BUT THE CITY DOESN’T CARE]
Cape Coral’s ordinance is much tougher and more straightforward than the state’s.
[FAC COMMENT: MOST COUNTIES AND CITIES’ ORDINANCES ARE]
“It’s a complex statute,” said Corporal John Poudrette with the Charlotte County Sheriff’s Office.
[FAC COMMENT: NO SHIT! IF IT’S COMPLEX FOR YOU TO FIGURE OUT, HOW COMPLEX IS IT FOR A REGISTRANT WHO HAS NO TOOLS TO MEASURE AND CAN’T EVEN USE THE INTERNET TO MAP IT OUT? THEY DON’T MAKE 2500 FOOT TAPE MEASURES]
Corporal Poudrette’s agency relies on the state to enforce the 1,000-foot rule.
The Department of Corrections doesn’t always use the same starting point to measure the 1,000 feet.
[FAC COMMENT: SEE THE FIRST COMMENT – ARBITRARY ENFORCEMENT – SOMEONE NEEDS TO READ THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT]
With single-family homes, the agency starts with the property line. But with a duplex or apartment, the starting point is at the front or back door.
“It is an absolute waste, 100 percent waste of taxpayer money,” said Peter Aiken, a defense attorney.
[FAC COMMENT: AMEN PETER AIKEN!]
Defense attorney Peter Aiken says most offenders don’t stay in one place, making it difficult to guarantee the 1,000-foot rule.
“It’s a feel good law. All it does is make the public feel good,” said Aiken.
[FAC COMMENT: AMEN PETER AIKEN!]
State Senator Lizbeth Benaquisto says wording in the law may have to be revisited.
“If it’s keeping local governments or local law enforcement agencies conflicted about how they enforce things and people are living right about or at those edges and getting in close proximity to our children. Then, we have to address it,” said Senator Benaquisto.
[FAC COMMENT: WHY ARE YOU TRYING TO TWIST THINGS SENATOR BENAQUISTO? YOU’RE MAKING IT SEEM LIKE REGISTRANTS ARE TRYING TO GET CLOSE TO CHILDREN OR INTENTIONALLY LIVING ON THESE FRINGES SO THEY CAN GET AS CLOSE AS HUMANLY POSSIBLE TO A CHILD. THAT KIND OF FEAR MONGERING ONLY AMPLIFIES THE PROBLEM]
Weeks after we tracked down sex predator Arturo Dominguez, we found he moved to Lehigh Acres; this time within 1,000 feet of a school.
[FAC COMMENT: WE HATE CALLING PEOPLE OUT, BUT ACCORDING TO MR. DOMINGUEZ’S FDLE FLIER IT DOESN’T LOOK LIKE HIS OFFENSE WAS AGAINST A CHILD]
“That’s crazy. They shouldn’t allow that. They really shouldn’t,” said Irma Rodriguez, a Lehigh Acres parent.
[FAC COMMENT: THE SEX OFFENDER SHUFFLE! KEEP EM MOVING UNTIL THE NEXT PERSON CRIES ‘NOT IN MY BACKYARD! LOOKS LIKE LEHIGH ACRES WILL BE AMENDING THEIR ORDINANCES SOON, NOT BECAUSE THEY HAVE A PROBLEM WITH MR. DOMINGUEZ, BUT THEY HAVE A PROBLEM SHOWING UP IN THE NEWS]
According to DOC, he’s not breaking the law. The state only applies the 1,000-foot rule to certain sex offenses.
“I have kids, so I think it’s very important,” said Detective Kerns.
[FAC COMMENT: IF DETECTIVE KERNS HAD ANY INSIGHT, HE WOULD KNOW THAT THERE IS ABSOLUTELY NO CORRELATION WHATSOEVER BETWEEN PROXIMITY TO SCHOOLS, PARKS, ETC. AND VICTIMIZATION OF CHILDREN. IN FACT, A RECENT STUDY INDICATED NEIGHBORHOOD WITH HIGHER CONCENTRATIONS OF SEX OFFENDERS ACTUALLY HAVE LOWER RATES OF CHILD VICTIMIZATION (SEE: http://floridaactioncommittee.org/sexual-assaults-less-likely-in-neighborhoods-where-registered-sex-offenders-live/) IN FACT, IF DETECTIVE KERNS WOULD BE INFORMED THEN PERHAPS HE WOULD NOT BE MAKING SUCH IGNORANT INFLAMMATORY STATEMENTS]
Stricter ordinances, like the one in Cape Coral, are in theory more effective. But in reality, enforcement is more complicated.
[FAC COMMENT: “IN THEORY”??? LAWS SHOULD BE PASSED ON FACT, NOT ON THEORY. IN FACT, STRICTER LAWS DON’T DO ANYTHING TO MAKE COMMUNITIES SAFER. IN FACT, THEY DO MAKE ENFORCEMENT MORE COMPLICATED]
In the Cape, Lee County Sheriff’s deputies enforce the 1,000-foot rule. Cape Police officers enforce the 2,500-foot ordinance.
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