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Convicted Sex Offenders living near pre-schools on Indian Reservations

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America_the_beautiful_max50

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Posted 2 months ago

 

As I understand it a convicted sex offender can't live 1000 feet withen a school in New Mexico.  However, I was advised by Tribal Police that on this particular reservation that Tribal Members can live near schools on the reservation. 


This all came about when I printed up a mugshot of a convicted pedophile that lives almost across the street from a pre school, and took it to the school administration.  Tribal Police said, nothing could be done about it, as the school contacted the Detective there. 


This sex offender, also had a fake address on the sex offender web site, and I advised the Tribal Police about it.  Basicly, it seemed like I pissed off the Tribal Police by advising the school.  Then after waiting for months,  I could see that the Tribal Police were not going to do anything about it, so I advised the Bernillio County Sheriffs Department, who then made the Tribal Police do somthing about it. 


I got yelled at for this, and a Tribal Police officer told me that I had violated many state statutes and that he could arrest me.  I did not argue, but thought for what, advising them the truth that the individual is not in compliance with state sex offender registration laws. 


Then he arrested the sex offender for failure to put his correct address on the web site, and a whole slew of other charges, he had obtained previously.  The failure to register was the straw that broke the camels back.


This individual has now compleated three years in prison for not putting his correct address on the sex offender web site, which is a fouth degree felony here, as well as DWI, forgery and other multiple charges. 


And, now after doing his time he is comming back, and will undoubtedly lie about his address.  The individual was convicted of abusive sexual contact in 1998, the victim a 14 year old girl.


Is there any way I  can go above the Tribal Police?  Could the Bureau of Indian Affairs help me to not let this individual live by a pre-school?  I was basicly told by Tribal Police that all that matters on the Reservation is who you know, and Indians rule and that I am an outsider.  One officer told me, "Sometimes they don't even believe me, because I am not Indian.


 It seems like a losing battle, unless there is a way the Bureau of Indian Affairs can assist.  I can't find much of anything regarding indian law concerning this, however on the reservations web site it says they will sell you a copy of there constitution for 15 dollars. I guess indian tribal members have some protections, and certain laws don't apply to them.


 

Car_max600_max50

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Rate This | Posted 2 months ago

 

In Montana reservations are not part of any state or county.  They are their own state.  They do not have to abide by any laws except tribal laws.  Now with that said they do adopt many state and federal laws.  And each reservation is different.  For example one reservation may have a speed limit and another may not.  Non-tribal police have no juristiction on the reservation in most cases.  And tribal police have no juristiction off the reservation.  However some reservations have mutual aid agreements with other agencies.  So it can get very complicated.  And yes what laws you have to follow on most reservations depend on what your last name is.


Experience is something you gain just after you've needed it..
My name is Bmorgan, and I'm a Graveyard Digger.
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America_the_beautiful_max50

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Rate This | Posted 2 months ago

 

Thanks, the sex offender has just got back to his wifes mothers house just almost across from the pre school and park.  The old women does not have the backbone to throw him out, its almost like she codones his behaivior.  On the sex offender registery it still says "incarcerated." 


I guess in New Mexico they will update the sex offender registery when they get around to it.  As I understand it he has 10 days to register with the correct address.  Undoubtedly, he will be deceptive and put his sisters address on the web site again, as he has done since 2001 without getting caught untill I advised the powers that be.


All I can do it wait and see if he puts the correct address on the registery.  Maby the little angel is rehabilitated, and has learned to behave.  Only time will tell.   

Car_max600_max50

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Rate This | Posted 2 months ago

 

Continue to report him.  Eventually it will annoy some one enough that they will do something about him.  Hehehe


Experience is something you gain just after you've needed it..
My name is Bmorgan, and I'm a Graveyard Digger.
AWB Stealth (I'm sneaky)

Catwoman1_max50

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Rate This | Posted 2 months ago

 

My brother lived in Utah, and I wanted  one of the Indian Reservations' up there  to put me through med school, and I would come back and work with them, much like a military scholarship, where they put you through and when you get out, you pay them back with a certain amount of years.  While I was talking to one of the Tribal council's men, I was talking about how it would all work, etc, etc etc, and how excited I would be to work and serve with them. He got stone faced , and said, we will put you through school, and  when you get out of residency, you can can come back and work to pay off the debt, but, you are not an Indian, and even though you might serve as a Health official within the tribe, you have no say in anything the tribe decides to do.......well, needless to say, I didn't talk them up on their offer.....and I do understand they are immune to a lot of state and fed stuff, my ex brother in law is a Sioux from the pine ridge reservation.  My brother in law told me they really aren't bothered by state or fed policing agencies, only unless it is a hot pursuit, or if the feds really push it......they pretty much snub their noses and joked about outside law enforcement agencies, they only pay attention to the tribal police. 


Your post is very interesting, as why this tribal police officer told you he was going to arrest you....did you do anything to be arrested for?  I would think that would really be outside his limitations, to arrest you for basically not being an Indian, and exercising your rights.  Weird...but, I would have been quiet too, it sure seems like you didn't do anything wrong to me in your discussion.


Can you contact the American Indian Movement or the Bureau of Land Management about your very serious concerns?  If not, what about agencies like the Heidi Search Center, AMW, or even your Congressman?  I would be outraged as well, and I think you are very astute to follow your convictions!  Good for you!!!!  I hope it all comes out the best for the kids you are concerned about, we need more people like you to take a stand!


"You are part of the night, just like me. We're not afraid of the dark--we come alive in it...we're thrilled by it."

GUN CONTROL.......means Hitting your target.....

A person who performs good Karma (deeds) is always held in high esteem.

America_the_beautiful_max50

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Rate This | Posted 2 months ago

 

As far as I know, I did not violate any federal, or state statutes by advising the school that a sex offender was living nearby.  The sex offender registry is not intended to be used to threaten, intimidate or harass individuals.  And, I did none of those things.  All I did was advise the school, who contacted the Tribal Police who basically advised nothing could be done about him living near the school. 


Then, I irritated them further by telling them the truth, that this individual was lying about his address on the sex offender web site which is a fourth degree felony.


It seemed like the reason he was pissed off was, because I advised the Sheriffs Department that they were not acting on the information.  However, the Sheriff's Department saw to it that justice was served.  I figured 6 months was a reasonable amount of time for the Tribal Police to act on the information. 


I don't know much about Indian law, maybe it is a crime to print up a mug shot of a sex offender who is a Tribal Member, and tell a school about it.  I am not sure if he thought my actions were a form of harassment.  That is the only thing, I could possibly think of. 


At any rate, I will be spending some time in the law library next week studing Indian Law if I can find it, just so I can know for myself.


 

Catwoman1_max50

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Rate This | Posted 2 months ago

 

You know, I know a paralegal certified in Indian Law, up in the NW.........I am gonna ask her, cuz, I think you are in the right, can't see how you couldn't be.  I will let you know what the firm says........I am interested now!  You were treated unfairly IMHO.  Again, we need more stand up people to stand up like you did............because society, Indian or not,  needs the information!


"You are part of the night, just like me. We're not afraid of the dark--we come alive in it...we're thrilled by it."

GUN CONTROL.......means Hitting your target.....

A person who performs good Karma (deeds) is always held in high esteem.

America_the_beautiful_max50

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Rate This | Posted 2 months ago

 

Update, I have recently found a story on the internet that states that due to a recent court ruling, Native Americans living in the boundries of "Indian Country" do not have to be in complience with the, sex offender registration laws in New Mexico.  The court advised the state lacks authority over "Indian Country."  Statistically, a high volume of sex offenses are committed on the reservations.  This creates a safe haven for sex offenders, on tribal lands.  Here is the link.   http://www.pddnet.com/news-ap-court-rules-against-nm-in-tribal-sex-...


 

America_the_beautiful_max50

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Rate This | Posted 2 months ago

 

 


I hope this ridiculous decision gets appealed to the US NM Supreme court. In 2006 Congress passed the Adam Walsh Child Protection and Safety Act, which requires sex offenders to be in a registry. Congress has advised that this act also, applies to Native American Reservations. Based upon that, the state should have jurisdiction. Just like with anything else, somebody has to get hurt before tougher legislation is passed.

Catwoman1_max50

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Rate This | Posted 2 months ago

 

Hello again


My friend basically told me about the same thing you have posted........why don't you write to the John Walsh Foundation......or the people with Jessica's law, or the Amber alert people.......seems someone should be able to make this nationwide!


"You are part of the night, just like me. We're not afraid of the dark--we come alive in it...we're thrilled by it."

GUN CONTROL.......means Hitting your target.....

A person who performs good Karma (deeds) is always held in high esteem.

Img_2568resizedavatar_max50

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Rate This | Posted 2 months ago

 

I have a fix to this problem that will only cost .50 cents. Get caught molesting children or be a rapist, and found guilty. After getting yor appeal process taken care of,  one .40 cal round to the back of the head will do the trick. Then you won't be worried about the little things like where you are goint to live when you get out.


-Courage is not the absence of fear, but rather being scared to death and charging in anyway! "John Wayne"
-Those who trade liberty for security have neither. "John
Adams"
-An armed man is a citizen. An unarmed man is a subject.
-Those who hammer their guns into plows will plow for those
who do not. "Thomas Jefferson"

America_the_beautiful_max50

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Rate This | Posted 2 months ago

 

Update, I am suprized to see that this sex offender has complied, and put his correct address on the registry.  That being said, there is still a  ordinance regarding these type of individuals living near pre schools.  Probably, not enforcable on the res.  Thats just the way it goes.  I will advise the Adam Walsh orgainization anyway.

Photo_user_blank_big

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Rate This | Posted 17 days ago

 

Oh Hell No,  he  wouldn't  live Near a preschool  in My  town!

Lori_max50

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Rate This | Posted 16 days ago

 

 


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I think that it is a great thing that you are going to advise the John Walsh Foundation. :)  The only way for things like this to be changed is if somebody speaks up about it.  Good for you!


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America_the_beautiful_max50

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Rate This | Posted 16 days ago

 

Thanks, I know it will shake things up, but somebodies got to do it.

Silver_warrior_max50

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Rate This | Posted 16 days ago

 

I guess my question would be, "Who convicted him in the first place. . . . .the state or the indian counsel?"  If the state convicted him, then he is REQUIRED to have his CORRECT address in that state's Sex Offender Registry until he moves to another state or country.  In Michigan he has 10 days to change that address or he is committing that 4 year felony for moving without changing the address, even if he moves out of state.  The new state will send a notice to Michigan once he has changed his address which still needs to be within 10 days of moving.  As for the living near a school on Tribal Grounds, as long as he changes his address, the State has no authority to enforce where he lives on Tribal Grounds as it is another country. . . .so to speak.  If he has his current address on the Sex Offender Registry then the only thing left would be the constant news coverage to embarrass the Indian Tribe into compliance.  I don't know that I would be stepping onto Tribal Grounds anytime soon though if you decide that is the way to go.

America_the_beautiful_max50

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Rate This | Posted 16 days ago

 

On the state sex offender website it says the conviction occurred in Bernillo County.  However, there are no public court records of the offense, only his appearence on the sex offender web site. 


The crime occurred on the reservation, but on the sex offender registry is says Bernillio County, which is confusing.  Bernillio County and the res are two seperate entities, as the res is a country inside a country. 


I don't think the Indian Counsel cares if he lives near a pre school.  It's best not to rattle there cage, as I have found out there is a lot of sensitivity on reservations, and a high number of sex offenses they don't want getting in the media. 


 

Greenknight_max50

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Rate This | Posted 15 days ago

 

Unfortunately the laws on reservations typically do very little to protect the innocent or punish the guilty.  Often times it takes a person such as this to commit a crime off reservation or one that requires federal authorities to become involved.  Keep reporting and hopefully this "person" will be dealt with appropriately.


"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." ~ George Orwell

"Honor First!"

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