Policy Poses a Quandary for Police

By THAO HUA

May 25, 1997 12 AM PT

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TIMES STAFF WRITER

When police in Orange were alerted to a high-risk sex offender in their city earlier this year, they studied the man’s background, brought in attorneys and discussed Megan’s Law for weeks before deciding to publicize his whereabouts.

The same thing occurred in Garden Grove, just a few miles away, but authorities there arrived at the opposite decision.

In implementing Megan’s Law, some agencies publicize all high-risk offenders in their cities and others have decided to monitor the sex convicts or to tell only school officials.

Megan’s Law--which allows police to notify neighbors about convicted sex offenders living nearby--has been immensely popular with the public, but it has posed a quandary for law enforcement. Police are wrestling to find in the law a balance between protecting the the public and the rights of convicted criminals who have served their sentences.

Authorities said each case is different and while one high-risk offender might be considered a threat in one neighborhood, another whose crime was committed long ago may not be dangerous to his community.

But critics of Megan’s Law, including some police officers, said procedural glitches and a potential for legal challenges are causing gross inconsistencies in the implementation of the law.

“The law means well, but I don’t know if it’s written very well,” La Habra Capt. John Rees said. “It’s a very murky area.”

The issue is so sensitive that several departments have mulled over it for months and are still in the process of devising a policy. Last week, the Orange County Police Chiefs and Sheriff’s Assn. met to discuss the law.

“We’re trying to find ways to approach it in a consistent matter,” said La Habra Police Chief Steven H. Stavely, president of the association. “This is an extremely complex legislation. We want to make sure we’re notifying the community when it’s appropriate . . . but we don’t want to unnecessarily frighten the community. It is a gigantic burden.”

There are 3,543 registered sex offenders in Orange County, 78 of whom are considered high-risk, said Mike Van Winkle, spokesman for the California Department of Justice. So far, only three offenders have had their whereabouts publicized by police under Megan’s Law.

Placentia became the first Orange County city to use Megan’s Law, when it notified neighbors about twice-convicted child molester Sidney Landau. Landau was pressured out of motel rooms in three cities and landed back in prison on a parole violation for striking a television cameraman. City officials are being threatened with a lawsuit and have decided not to talk to reporters about the case or their Megan’s Law procedure.

Authorities in Orange and Newport Beach also used the law to notify neighbors and nearby schools of offenders.

Mark W. Mahoney, who was convicted of fondling and having oral copulation with several boys, moved from his Orange apartment after the neighbors threatened to protest. James Lee Crummel, who was convicted of kidnapping, assaulting and molesting mostly boys, faces eviction from his rented Newport Beach condominium after neighbors protested under his window and at his roommate’s office.

But while some cities have decided to notify the community, others have concluded that keeping a close eye on the sex offenders is a better way of protecting the public.

At least three city police departments--La Habra, Huntington Beach and Garden Grove--chose not to alert neighbors of several high-risk sex offenders in their cities. Officers there said the offenders in those cases committed their crimes long ago and have been complying with the law.

“Our policy is that we will monitor the high-risk offenders and take effort to ensure that these guys don’t pose a risk to the community,” Garden Grove Lt. John Woods said. “We’re taking a very conservative approach [to Megan’s Law]. We’re anticipating legal challenges to this.”

Inconsistencies among police agencies in implementing the law could create “dumping grounds” for sex offenders, said La Habra’s Rees, whose department is monitoring three high-risk offenders. On the other hand, if police distribute information about an offender and the public reacts with violence, discrimination or other illegal activities, the police could be sued.

Other versions of Megan’s Law in the states of Washington and Oregon have resulted in little misuse and improved public safety in those states, according to studies by police authorities there.

But in New Jersey, where Megan’s Law originated after 7-year-old Megan Kanka was raped and strangled, allegedly by a repeated sex offender living across the street, a federal appeals court ruled on behalf of the offenders, who argued that community notification amounts to a new punishment on top of the sentence they already served. An appeal is pending in that case, putting the notification part of the law on hold.

California’s version of the law covers about 62,500 sex offenders belonging to two of three categories--high-risk and serious. A high-risk sex offender is someone who has been convicted of at least three violent crimes, one of which is a sex crime. A serious offender is someone who has committed a felony sex crime or a misdemeanor if the crime is against a child. The offenders whose past is publicized are usually those belonging in the high-risk category.

A third category covers crimes such as spousal rape, possession of obscene material and indecent exposure.

Under the high-risk category, police can chose to notify the community at large, including handing out fliers in the offender’s neighborhood. With serious offenders, authorities may notify on a smaller-scale basis, including school officials or day-care supervisors and close neighbors.

The intent of the law is to provide the public with information about criminals with a history of sex offenses in their community, said Rob Stutzman, spokesman for the state’s attorney general’s office. Beginning July 1, police and sheriff’s departments covering municipalities of 200,000 population or more are required to give the public access to a CD-ROM with information about the 62,500 high-risk and serious sex offenders.

“We wanted to empower them so that they are able to protect themselves and their families,” Stutzman said. “We felt that the best agency to determine what information to disseminate is the local police department. That’s why we gave local authority the power to make notification. Are there discrepancies? Sure, but in a way, that’s the intent of the law.”

Stutzman added that the attorney general’s office is prepared to “vigorously defend” any litigation.

Police and attorneys said several problems exist in the way the law is written and other glitches show up in the procedural portion of the law.

Paul Wallin, whose Santa Ana law firm handles more cases involving sexual abuse victims and defendants than any other in California, said it’s only a matter of time before California’s version will be challenged in court. First, he said there is a lack of due process when notification is made.

“The big issue is that you don’t have the right to defend yourself in a hearing before the decision is made to disseminate information that is potentially very damaging,” he said.

Second, the law potentially could be classified as a second punishment on top of the sentence that sex offenders already served, Wallin and others said. Third, the law is primarily retroactive, which means that the sex offender did not know about the law when the crime was committed.

Pastor Charles Clawson, whose son was one of Crummel’s victims, believes Megan’s Law ultimately will protect more children, but only if “people get involved and bring the pressure to the one who is being highlighted,” he said.

“Without that kind of neighborhood cohesiveness, Megan’s Law is no good,” said Clawson, 65, of Virginia, who said he has since learned to forgive Crummel.

“But they also need to know that there are laws that give him rights. It’s reasonable for the community to know that there’s a dangerous predator among them, but not for them to put signs on his yard or harass him or anything like that. Then they’re breaking the law.”

Times correspondent John Pope also contributed to this story.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Registered Sex Offenders

More than 3,500 sex offenders were registered with law enforcement agencies in Orange County as of May 9. Of those, 3,157 qualified under Megan’s Law. Here’s the number of registrants by each law enforcement agency. The number may since have changed because individuals have moved or been taken into custody for other crimes.

Department: Registrants

Anaheim: 588

Brea: 62

Buena Park: 122

Costa Msa: 165

Cypress: 52

Fountain Valley: 46

Fullerton: 155

Garden Grove: 343

Huntington Beach: 198

Irvine: 34

Laguna Beach: 35